UC-NRLF 


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11 


AS 


;NDED  IN 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


PRINTED  AND  FOR   SALE   BY 


>    COUNTY  SUPPLIES.  OMAHA 


GIFT  OF 


SUPERINTENDENT  OF   PUBLIC   \t 


THE 


NEBRASKA 

•  » 

SCHOOL    LAWS 


1915  EDITION 


Superintendent  of  Public  Instruction. 


PRINTED  AND  FOR  SALE  BY 

K-B   PRINTING  CO. 

SCHOOL  SUPPLIES 

OMAHA 


Contents 


CHAPTER  71 

Schools.  -Pages 

Article  I.— School  districts  .- 21-30 

II. — District  meetings 31-40 

III.— District  officers .  .  / 40-42 

IV. — Powers  and  duties  of  district  officers 42-50 

V. — District  board — powers  and  duties 50-50 

VI. — Districts  containing  more  than  one  hundred  fifty  pupils.  .   56,  57 

VII.— Rural  high  schools 57-61 

VIII. — Free  high  school  education 62-65 

IX. — County  high  schools 65-69 

X. — Normal  training  in  high  schools : 69-74 

XII. — State  fire  day  and  fire  instruction 74 

XIII. — Teachers'  certificates 74-80 

XIV. — Teachers  and  teachers'  institutes 80-84 

XV! — County  superintendent 84-87 

XVI.— State  superintendent    " 87-89 

XVII.— School  house  sites 89-91 

XVIII.— School  books 91-93 

XIX. — Compulsory  education 94-96 

XX.— School  funds 97-100 

XXI. — Miscellaneous  provisions 100-103 

XXII. — Schools  in  cities  of  over  fifteen  hundred  inhabitants 103-110 

XXIII. — Schools  in  cities  of  first  class Omitted 

XXIV. — Schools  in  metropolitan  cities Omitted 

XXV. — State  normal  schools 110-113 

XXVI.— State  university 113 

XXVII. — Experiment  stations Omitted 

County  rural  school  districts 113-122 

CHAPTER  8 
Bonds  and  Indebtedness  of  Counties  and  Municipalities. 

Article  I. — General  provisions 123 

III. — Compromise  of  indebtedness 123,  124 

VIII.— School  district  bonds 124-129 

CHAPTER  68 

Article  XVII.— Warrants 130-132 

XVIII. — Investment  of  public  funds 132-133 

CHAPTER  32 

Interest 134 

MISCELLANEOUS 

Exceptions  from  operation  of  primary  election 134 

Business  colleges 134 

Dixon  and  Alt  survey •    135 

Recovery  upon  forfeited  recognizance 135 

Fire  escapes  and  toboggans 136 

Education  of  children  in  poor  house 137 

State  holidays  and  "flag  days" 137 

Child  labor  law 138 

CRIMINAL  CODE.— CHAPTER  9 
Article  III. — Tobacco  and  cigarettes 139 


Regulations  for  the  Quarantine,  Care  and  Disinfection  of  Contagious  Diseases 
Rules  adopted  by  State  Board  of  Health 140-142 

381699 


MODEL  RURAL  SCHOOL  BUILDING. 

Front  view.  Estimated  cost  $900  to  $1500,  according  to  completeness  of 
equipment. 


Rear  view  of  the  same  building.      Up-to-date  plan  of  lighting. 


Special  attention  has  been  given  in  the  above  model  floor  plan  to  have 
the  interior  arranged  according  to  the  most  modern  ideas. 


THE  MODEL  RURAL  SCHOOL  BUILDING. 

[By  an  Architect.] 


The  plan  as  laid  out  contemplates  either  an  entirely  new  building,  or  the 
ordinary  rectangular  plan  rural  school  building  remodeled,  and  is  designed 
to  embody  all  of  the  latest  ideas  pertaining  to  lighting,  heating  and  venti- 
lating. 

The-  system  of  lighting  is  what  is  known  as  the  unilateral  or  one-side 
lighting,  by  which  the  light  is  brought  from  a  number  of  windows  located  to 
i he  left  of  the  pupil,  and  set  as  close  to  the  ceiling  as  practicable.  The  high 
windows  shown  at  the  rear  are  not  essential,  as  the  proper  amount  of  glass 
surface  is  contained  in  the  bank  of  windows  to  the  left. 

-The  heating  and  ventilating  is  accomplished  in  the  same  manner  as  in 
the  most  modern  gravity  heating  plants  in  larger  buildings — that  is,  the  air 
is  brought  in  from  the  outside  well  above  the  grade  line.  In  this  case  it  is 
brought  through  the  lower  window  in  the  front  gable,  drops  down  the  air 
shaft  back  of  the  heater,  and  ascends  between  the  jacket  and  the  heater.  By 
means  of  a  series  of  baffle  plates  the  air  is  passed  over  the  heating  surface 
but  never  corning  in  contact  with  the  fire,  passes  out  above  the  heater  and 
exhausts  into  the  room,  as  indicated  by  the  darts,  directly  toward  and 
against  the  cooling  surface,  which  is  the  windows  on  the  left  of  the  room. 
The  tipper  part  of  the  receptacle  which  receives  this  heater  curves  outward 
jit  the  toj)  so  as  to  deflect  the  warm  air  into  the  room.  As  the  air  leaves  the 
li eater,  being  pure  and  warm  it  rises  to  the  ceiling  and  would  remain  there 
were  it  not  for  the  large  ventilating  flue  and  vent  register  at  the  bottom, 
which  takes  off  the  lower  strata  of  air,  allowing  the  pure  warm  air  to  fall 
equally  all  over  the  room.  This  entirely  eliminates  all  currents  and  drafts 
and  holds  the  temperature  of  the  room  the  same  in  all  parts.  To  absolutely 
insure  an  ascending  current  of  air  in  the  vent  flue  at  all  times  there  is  an 
iron  plate  set  vertically  between  the  heat  and  vent  flue  just  opposite  where 
the  smoke  pipe  enters.  The  heat  from  the  smoke  pipe  heats  this  iron  plate, 
which  in  turn  heats  the  air  in  the  vent  flue,  causing  an  upward  current 
which  pulls  the  air  out  of  the  schoolroom  as  above  mentioned. 

The  apparatus  as  described  and  laid  out  is  practical  I  ly  fireproof,  and 
much  safer  than  stoves,  as  there  is  a  double  jacket  between  "the  fire  and  the 
woodwork  at  any  point,  and  between  these  jackets  is  constantly  passing  a 
current  of  air.  It  would  be  next  to  impossible  to  build  a  fire  intense  enough 
to  set  the  building  on  fire.  While  this  plant  includes  all  the  desirable  fea- 
tures of  the  more  elaborate  and  more  expensive  plants  used  in  larger  build- 
ings, it  has  the  distinct  advantage  of  not  being  a  patented  article  and  can 
be  installed  without  the  payment  of  any  royalties  whatever,  at  the  same 
time  being  practical  and  economical. 

The  fuel  room  is  sufficiently  large  to  hold  fuel  for  at  least  a  week,  it 
being  assumed  that  the  janitor  or  person  in  charge  can  fill  the  same  at  the 
end  of  the  week  and  do  away  with  the  dust  and  dirt  caused  by  bringing  in 
fuel  from  the  outside  many  times  during  the  day. 

The  work  room  is  large  and  well  lighted  and  heated  directly  from  the 
school  heater,  and  is  separated  from  the  main  schoolroom  by  a  rolling  parti- 
tion or  sliding  door,  permitting  the  same  to  be  thrown  into  the  main  school- 
room when  desired. 

The  closet  adjacent  is  designed  for  the  use  of  the  teacher. 

The  building  as  designed  can  be  built  of  either  frame  or  masonry,  and 
if  of  frame  the  only  masonry  required  would  be  the  foundation  walls  and 
smoke  and  vent  flues. 


PREFACE 


This  volume  is  public  property.  It  is  to  be  kept  in  the  custody  of  the 
school  officers  and  produced  by  them  at  all  meetings  of  the  district  for  con- 
sultation by  the  voters,  and  must  be  delivered  to  their  successors  in  office. 

The  new  laws  have  been  incorporated  under  appropriate  subdivisions 
and  properly  indexed  so  that  little  difficulty  need  be  experienced  in  finding 
them. 

Supreme  Court  decisions  and  important  decisions  of  the  state  superin- 
tendents from  1881  to  1911  have  been  carefully  classified  and  placed  under 
the  section  of  the  school  law  to  which  the  decision  applies. 

The  legislature  has  declared  that  the  decisions  of  the  state  superintendent 
shall  be  held  to  have  the  force  of  law  until  reversed  by  the  courts,  and  it  is 
a  fact  worthy  of  notice  that  the  supreme  court  of  the  state  has  reversed  only 
two  rulings  of  this  department  within  the  last  twenty  years.  •> 

It  must  be  remembered  that  the  decisions  are  based  upon  the  laws  now  in 
force.  Every  legislature  makes  some  changes  in  the  school  laws.  Hence,  these 
rulings  will  necessarily  be  modified  by  new  laws  enacted  or  old  ones  amended 
or  repealed.  In  cases  where  there  is  no  law  to  govern  and  no  decision  of  the 
court  to  guide,  the  state  superintendent  has  been  governed  by  the  counsel 
of  the  attorney  general  of  Nebraska  and  by  the  supreme  court  rulings  Of  other 
states. 

Article  22  relating  only  to  South  Omaha,  article  23  relating  only  to 
Omaha,  article  25  relative  to  the  University  and  article  26  on  experiment 
stations,  have  been  omitted  on  account  of  their  dealing  with  questions  not 
common  to  the  general  public. 

The  main  subject  of  each  section  has  been  printed  in  bold-faced  type  as 
a  matter  of  convenience  for  reference.  The  most  important  supreme  court 
decisions  relating  to  school  matters  and  recent  official  decisions  of  this 
department  have  been  added.  It  is  hoped  that  these  features  will  commend 
this  edition  to  all  who  may  have  occasion  to  use  it. 

IMoasc  note  that  ALL  REVISIONS  by  the  Legislative  Session 
of  lt)15  are  printed  in  BLACK  FACE  TYPE,  like  this  paragraph. 


Superintendent  of  Public  Instruction. 
Lincoln,  June  1,  1915. 


BUSINESS  CALENDAR 


I.— DISTRICT  MEETINGS.  Page 

1.  Time  of  holding  (annual  meeting)  second  Monday  of  June 31 

2.  Place  of  holding 31 

(a)  In  schoolhouse,  if  there  be  one,  or, 

(b)  In  some  other  suitable  place  in  the  district. 

3.  Special  meeting 31 

(a)  By  whom  and  how  called. 

(b)  Object  of  meeting  must  be  stated. 

(c)  Fifteen  days'  notice  necessary 32 

4       Notice  of  meeting 32 

(a)  Posted  in  three  public  places  in  the  district. 

(b)  Posted  fifteen  days  before  date  of  meeting. 

(c)  State  the  day,  hour,  and  place  of  meeting. 

(d)  Must  so  state,  if  change  of  site  or  levy  for  building  will  be 

considered. 

5.  Qualifications  of  voters  at  district  meetings 32 

(a)  The  voter  (man  or  woman)  must  be  twenty-one  years  of  age. 

(b)  The  voter  (man  or  woman)  must  have  resided  in  the  district 

for  a  period  of  forty  days  immediately  preceding  the  meet- 
ing. 

(c)  The  voter  (man  or  woman)  must  be  the  owner  of  real  estate 

in  the  district,  or  must  own  personal  property  that  was 
assessed  in  his  (or  her)  own  name  at  the  last  annual  assess- 
ment, or  must  have  children  of  school  age  residing  in  the 
district. 

(d)  Challenge 33 

6.  Business  that  may  be  transacted  only  at  an  annual  district  meeting     34 

(a)  Change  the  location  of  schoolhouse  site. 

(b)  Determine  the  amount  of  money  required. 

1.  For  maintenance  the  ensuing  year  (not  to  exceed  35 
mills) 35 

2.  For  free  high  school  fund  in  accordance  with  itemized 
estimate  of  county  superintendent 65 

(c)  Determine  the  number  of  mills  (not  exceeding  ten)  on  the 

dollar  of  assessed  valuation  to  be  expended  for  building, 
purchase,  or  lease  of  schoolhouse,  when  there  are  no  bonds 

voted  for  such  purposes   35 

—11— 


12  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  8  BARTLETT  CO..  OMAHA. 

(d)  Give  directions  for  the  expenditure  of  the  building  fund..     36 

(e)  Determine  the  length  of  time  school  shall  be  taught  in  the 

district  the  ensuing  year,  subject  to  the  provisions  of  sec- 
tion 46,  article  2;  and  whether  the  money  appor- 
tioned or  voted  for  the  support  of  the  school  therein  shall 
be  applied  to  the  winter  or  summer  term  or  a  certain  por- 
tion to  each 37 

(f)  Regular  election  of  necessary  officers  must  be  by  ballot. 

(Officers  can  be  elected  at  special  meetings  only  to  fill 
vacancies) 40 

(g)  Require  the  director  to  present  an  itemized  estimate  of  the 

amounts  necessary  to  be  expended  during  the  ensuing 
year  for  all  purposes,  also  a  statement  of  all  orders  drawn 
on  the  county  treasurer  and  on  the  district  treasurer.  ...  48 
(h)  The  minutes  of  the  meeting  should  be  read,  corrected  (if 
necessary),  and  approved  by  a  vote  of  the  meeting.  The 
minutes  must  contain  a  clear  statement  of  every  item  of 

business  transacted  at  the  meeting 48 

7.     Business  that  may  be  transacted  at  either  an  annual  or  special 

district  meeting 34 

(a)  Adjourn  for  the  purpose  of  designating  schoolhouse  site.   ..34 

(b)  Direct  purchasing  or  leasing  of  an  appropriate  site 34 

(c)  Direct  building,  hiring,  or  purchasing  a  schoolhouse 34 

(d)  Transfer  money  from  one  fund  of  the  district  to  another, 

after  the  purpose  for  which  it  was  raised  has  been  accom- 
plished, and  after  all  debts  for  which  the  fund  is  liable 
have  been  discharged 36 

(e)  Direct  by  a  two-thirds  vote  the  sale  of  any  schoolhouse, 

site,  building,  or  other  property  belonging  to  the  district, 
when  no  longer  needed  for  the  use  of  the  district 38 

(f)  Direct  and  provide  for  the  prosecution  or  defense  of  any 

proceeding  in  which  the  district  may  be  an  interested 
party 38 

(g)  Elect  officers  to  fill  vacancies 55 

(h)    May  direct,  by  a  two-thirds  vote,  the  school  board  to  con- 
tract with  a  neighboring  district  for  instruction  of  pupils   102 

II.— DISTRICT  BOARD. 

1.  Report  taxes  voted  at  the  annual  meeting,  including  free  high  school 

tax 50 

2.  Deliver  estimate  of  free  high  school  tax  levy  to  county  superinten- 

dent and  county  clerk  when  annual  meeting  refuses  or  neglects 

to  vote  same 64 

3.  Have  general  care  of  the*school,  classify  the  scholars,  and  provide 

a  course  of  study  by  consent  and  advice  of  county  superintendent     51 


THE  NEBRASKA  SCHOOL  LAWS  13 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

4.  Determine  rates  of  tuition  of  non-resident  pupils 52 

5.  Suspend  or  expel  pupils 52 

6.  Purchase  or  lease  site;  build,  hire,  or  purchase  schoolhouse  when 

directed  by  voters 53 

7.  Have  care  and  custody  of  schoolhouse  and  other  property. .  . .  .~ .—  54 

8.  Fill  vacancy  by  appointment 55 

9.  Contract  with  neighboring  district 102 

10.  Provide  transportation 102 

11.  Shall  present  at  annual  meeting  statement  in  writing  of  receipts 

and  expenditures,  funds  on  hand  and  estimate  for  ensuing  year  57 

12.  Appoint  physician 94 

13.  Provide  and  care  for  outhouses 55 

14.  Close  school  for  Institute 84 

III.— MODERATOR. 

1.  Administer  oath  to  director  and  treasurer 43 

2.  File  acceptance  of  office. 41 

3.  Countersign  all  orders  and  warrants 42 

4.  Preside  at  district  meetings 42 

5.  Order  arrest  of  disorderly  person  at  district  meeting 43 

6.  Approve  treasurer's  bond   43 

7.  Contract  with  teacher 46 

IV.— TREASURER. 

1.  File  official  bond  within  ten  days  after  election 43 

2.  Apply  for  and  receive  moneys  from  the  county  treasurer 44 

3.  Pay  district  moneys  on  the  order  of  the  director,  countersigned  by 

the  moderator 44 

4.  Record  receipts  and  disbursements 44 

5.  Report  at  annual  meeting  receipts  and  disbursements 44 

6.  Turn  over  to  successor  official  books,  papers,  and  funds 45 

7.  Appear  for  the  district  in  suits  brought  by  or  against  it 45 

8.  Contract  with  teacher 46 

V.— DIRECTOR. 

1.  Report  taxes  voted  at  the  annual  meeting,  free  high  school  levy 

separately.  The  reports  must  be  signed  by  all  the  officers  of  the 
board,  and  delivered  to  the  county  clerk  (a  duplicate  to  the 
county  superintendent),  by  the  first  Monday  in  July 35,  50,  67 

2.  File  acceptance  of  office 41 

3.  Draw  and  sign  all  orders  and  warrants 44,  49 

4.  Shall  be  clerk  of  district  board  and  district  meetings 45 


14  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

5.  Record  all  proceedings  of  the  district 45 

6.  Preserve  copies  of  reports  to  the  county  superintendent 45 

7.  Contract  with  teachers,  with  consent  and  advice  of  the  moderator 

and  treasurer  or  one  of  them,  or  under  their  direction 46 

8.  Notify  the  county  superintendent  of  contract  with  teacher 46 

9.  Take  census,  together  with  the  names  of  all  the  taxpayers  in  the 

district,  within  ten  days  before  the  last  Monday  in  June 47 

10.  Present  to  the  annual  meeting  an  estimate  of  expenses  and  prob- 

able amount  of  taxes  for  the  ensuing  year 48 

11.  Report  to  the  annual  meeting  the  business  transactions  of  the  board 

for  the  past  year 49 

12.  Give  notice  of   annual  meeting  at  least  fifteen  days   before  the 

second  Monday  in  June 49 

13.  Report  to  the  county  superintendent  within  ten  days  after  the 

annual  meeting 49 

14.  Furnish  the  annual  meeting  a  statement  of  the  aggregate  assessed 

valuation  of  the  taxable  property  in  the  district 50 

15.  Approve  monthly  report  of  teacher 80 

16.  Require  report  of  attendance  of  children 95 

17.  Give  notice  to  parent  or  guardian 95 

18.  Make  complaint  against  parent  or  guardian 95 

VI.— TEACHER. 

1.  Must  have  certificate 74,  80,  108 

2.  Examination 77 

3.  Make  monthly  report  to  the  director 80 

4.  Fill  out  term  summary  and  send  copy  to  the  county  superintendent  81 

5.  Must  attend  institute 83 

VII.— COUNTY  SUPERINTENDENT. 

1.  Form  new  districts  and  change  district  boundaries 21-26, 103 

2.  Notify  taxable  inhabitant  of  the  formation  of  a  new  district .  .• 26 

3.  Divide  district  property  upon  the  formation  of  a  new  district 26 

4.  Sell  schoolhouse  when  ordered  by  the  district 27 

5.  Report  to  county  clerk  and  county  treasurer  change  in  district 

boundaries,  and  keep  in  the  office  of  the  county  clerk  a  map  of  the 

school  dictricts  of  the  county 28 

6.  Determine  site  for  schoolhouse  in  new  district 34 

7.  Appoint  district  officers 41,  55 

8.  Apply  for  writ  of  mandamus  against  district  officers 42 

9.  Admininster  oaths  for  the  purpose  of  attesting  school  reports  and 

the  administration  of  the  school  law . .                                      —  87 


THE  NEBRASKA  SCHOOL  LAWS  15 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

10.  Notify  director  to  transfer  pupils  to  adjoining  districts,  and  notify 

the  county  clerk  of  said  transfer 101 

11.  Examine  all  candidates  as  teachers  for  the  public  schools 77 

12.  May  revoke  certificate 78 

13.  May  act  as  third  officer  in  district  having  but  two  legal  voters 2<) 

14.  Grant  certificates  to  teachers  in  such  forms  as  shall  be  prescribed 

by  the  state  superintendent 77 

15.  Receive  all  blanks  and  communications  from  the  state  superintend- 

dent  and  dispose  of  same 86 

16.  Visit  each  of  the  schools  in  his  county  at  least  once  in  each  year, 

and  consult  with  teachers  and  district  boards 86 

17.  Promote  the  improvement  of  tjie  schools  in  his  county  by  public 

lectures,  teachers'  institutes,  etc 86 

18.  Examine  district  reports   and   return  same  for  correction  when 

necessary '. 87 

18a.   Report  to  the  state  superintendent  when  required,  and  be  subject 

to  rules  and  instructions  prescribed  by  the  state  superintendent     87 

19.  Notify  the  district  officers  of  report  due  a/id  not  received 87 

20.  Report  to  the  superintendent  of  the  institute  for  the  blind  and  to 

the  superintendent  of  the  institute  for  the  deaf  and  dumb 87 

21.  Must  attend  normal  institute  in  his  district 83 

22.  Apportion  state  school  funds  to  the  districts  of  his  county  within 

twenty  days  after  warrant  is  received  from  state  auditor 98 

23.  Appoint  appraisers  of  schoolhouse  site,  condemned 89 

24.  Assist  in  appraisal  of  claims  or  assets  in  division  of  district  within 

metropolitan  cities 89 

25.  File  official  bond  of  $1,000.     (See  sections  5  and  19,  chapter  10, 

Compiled  Statutes  of  Nebraska.) 

26.  Notify  teachers  of  institute 84 

27.  Notify  school  boards  to  close  school  during  institute 84 

28.  Deliver  to  district  board  on  or  before  second  Monday  in  June  esti- 

mate of  amount  required  to  pay  free  high  school  tuition 63 

29.  Deliver  to  county  clerk  an  itemized  estimate  of  free  high  school 

tax  levy  when  district  fails  to  vote  free  high  school  tax 64 

30.  Certify  under  oath  to  the  state  superintendent  on  or  before  the 

second    Monday   in    October,    number   of   districts   entitled   to 
state  aid 39 


THE  PROVISIONS  OF  THE  CONSTITUTION  OF  THE 
STATE  OF  NEBRASKA  RELATIVE  TO  EDUCATION^ 


ARTICLE  VIII.— EDUCATION. 

Section  1. — Board  of  educational  lands  and  funds. — The  governor, 
secretary  of  state,  treasurer,  attorney  general,  and  commissioner  of  public 
lands  and  buildings  shall,  under  the  direction  of  the  legislature,  consti- 
tute a  board  of  commissioners  for  the  sale,  leasing,  and  general  manage- 
ment of  all  lands  and  funds  set  apart  for  educational  purposes,  and  for  the 
investment  of  school  funds  in  such  manner  as  may  be  prescribed  by  law. 

Authority  to  invest  a  portion  of  the  fund  cannot  be  conferred  by  legislative  enactment 
upon  the  treasurer.     40  Neb.,  298. 

Sec.  2. — Property,  how  used. — All  lands,  money,  or  other  property, 
granted  or  bequeathed,  or  in  any  manner  conveyed  to  this  state  for  edu- 
cational purposes,  shall  be  used  and  expended  in  accordance  with  the  terms 
of  such  grant,  bequest,  or  conveyance. 

Sec.  3. — Permanent  school  fund. — The  following  are  hereby  declared 
to  be  perpetual  funds  for  common  school  purposes,  of  which  the  annual 
interest  or  income  only  can  be  appropriated,  to  wit: 

First — Such  per  centum  as  has  been  or  may  hereafter  be  granted  by 
Congress  on  the  sale  of  lands  in  this  state. 

Second — All  moneys  arising  from  the  sale  or  leasing  of  sections  num- 
ber sixteen  and  thirty-six  in  each  township  in  this  state  and  the  lands  selected 
or  that  may  be  selected  in  lieu  thereof. 

Third — The  proceeds  of  all  lands  that  have  been  or  may  hereafter  be 
granted  to  this  state,  where  by  the  terms  and  conditions  of  such  grant,  the 
same  are  not  to  be  otherwise  appropriated. 

Fourth — The  net  proceeds  of  lands  and  other  property  and  effects  that 
may  come  to  the  state,  by  escheat  or  forfeiture,  or  from  unclaimed  dividends, 
or  distributive  shares  of  the  estates  of  deceased  persons. 

Fifth — All  moneys,  stocks,  bonds,  lands,  and  other  property  now  be- 
longing to  the  common  school  fund. 
Cited  5  Neb.,  206. 

Sec.  4. — Temporary  school  fund.— All  other  grants,  gifts,  and  devises 
that  have  been  or  may  hereafter  be  made  to  this  state,  and  not  otherwise 
appropriated  by  the  terms  of  the  grant,  gift,  or  devise,  the  interest  arising 
from  nil  the  funds  mentioned  in  the  preceding  section,  together  with  all  the 
rents  of  the  unsold  school  lands,  and  such  other  means  as  the  legislature  may 
provide,  shall  be  exclusively  applied  to  the  support  and  maintenance  of 
CIHIIMIOII  schools  in  each  school  district  in  the  state. 
5  Neb,  lOIi,  206.  15. Id.,  610  16  Id.,  680. 

—17— 


18  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

Sec.  5. — Fines  and  licenses. — All  fines,  penalties,  and  license  moneys 
arising  under  the  general  laws  of  the  state  shall  belong  and  be  paid  over  to 
the  counties  respectively  where  the  same  may  be  levied  or  imposed,  and  all 
fines,  penalties,  and  license  moneys  arising  under  the  rules,  by-laws,  or  ordi- 
nances of  cities,  villages,  towns,  precincts,  or  other  municipal  subdivisions 
less  than  a  county,  shall  belong  and  be  paid  over  to  the  same  respectively. 
All  such  fines,  penalties,  and  license  moneys  shall  be  appropriated  exclusively 
to  the  use  and  support  of  common  schools  in  the  respective  subdivisions 
where  the  same  may  accrue. 

5  Neb.,  310,  516.    8  Id.,  31162.    9  Id.,  184,  352,  404.    11  Id.  557.    14  Id.,  479.    17  Id., 
224.    27  Id.,  64.    28  Id.,  254.     29  Id.,  288,  348. 

Where  a  liquor  license  has  been  issued  and  is  thereafter  cancelled  without  fault  of  the 
licensee,  he  is  entitled  to  a  repayment  pro  tanto  of  the  sum  paid  for  the  unexpired  time. 
Neb.,  858. 

Sec  6. — Common  schools. — The  legislature  shall  provide  for  the  free 
instruction,  in  the  common  schools  of  this  state,  of  all  persons  between  the 
ages  of  five  and  twenty-one  years. 

Sec.  7. — Distribution  of  income — Provisions  shall  be  made  by  general 
law  for  an  equitable  distribution  of  the  income  of  the  fund  set  apart  for  the 
support  of  the  common  schools  among  the  several  school  districts  of  the  state, 
and  no  appropriation  shall  be  made  from  said  fund  to  any  district  for  the 
year  in  which  school  is  not  maintained  at  least  three  months. 

5  Neb.,  104. 

Sec.  8. — Educational  lands — Price. — University,  agricultural  college, 
common  school,  or  other  lands,  which  are  now  held,  or  may  hereafter  be 
acquired  by  the  state  for  educational  purposes,  shall  not  be  sold  for  less  than 
seven  dollars  per  acre,  nor  less  than  the  appraised  value. 

Sec.  9. — Funds  to  remain  inviolate. — All  funds  belonging  to  the  state 
for  educational  purposes,  the  interest  and  income  whereof  only  are  to  be 
used,  shall  be  deemed  trust  funds  held  by  the  state,  and  the  state  shall 
supply  all  losses  thereof  that  may  in  any  manner  accrue,  so  that  the  same 
shall  remain  forever  inviolate  and  undiminished;  and  shall  not  be  invested  or 
loaned  except  on  United  States  or  state  securities,  or  registered  county 
bonds  of  this  state;  and  such  bonds,  with  the  interest  and  income  thereof, 
are  hereby  solemnly  pledged  for  the  purpose  for  which  they  are  granted  and 
set  apart,  and  shall  not  be  transferred  to  any  other  fund  for  other  uses. 

Cited  15  Neb.,  610,  684.  16  Id.,  680.  25  Id.,  660.  39  Id.,  353.  41  Id.,  227.  66  Id. 
381. 

Sec.  10 — University. — The  general  government  of  the  University  of 
Nebraska  shall,  under  the  direction  of  the  legislature,  be  vested  in  a  board 
of  six  regents,  to  be  styled  the  Board  of  Regents  of  the  University  of  Nebraska, 
who  shall  be  elected  by  the  electors  of  the  state  at  large,  and  their  term  of 
office,  except  those  chosen  at  the  first  election  as  hereinafter  provided,  shall 
be  six  years.  Their  duties  and  powers  shall  be  prescribed  by  law,  and  they 
shall  receive  no  compensation,  but  may  be  reimbursed  their  actual  expenses 
incurred  in  the  discharge  of  their  duties. 
5  Neb.,  426.  17  Id.,  612 

Sec.  11. — No  sectarian  instruction. — No  sectarian  instruction  shall  be 
allowed  in  any  school  or  institution  supported  in  whole  or  in  part  by  the 


THE  NEBRASKA  SCHOOL  LAWS  19 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.,  OMAHA. 

public  funds  set  apart  for  educational  purposes;  nor  shall  the  state  accept 
any  grant,  conveyance,  or  bequest  of  money,  lands,  or  other  property,  to  be 
used  for  sectarian  purposes. 

65  Neb.,  877. 

Bible  reading  in  the  public  schools. — Chief  Justice  Sullivan  asserts  that  the  law  does  not 
forbid  the  use  of  the  Bible  in  public  schools.  The  point  where  the  courts  may  interfere  is  where 
the  use  of  the  Bible  in  a  public  school  has  degenerated  into  abuse,  where  a  teacher  instead  of 
giving  secular  instruction  had  violated  the  constitution  by  becoming  a  sectarian  propagandist. 
The  court  holds  that  whether  it  is  prudent  or  politic  to  permit  the  reading  of  the  Bible  in  the 
schools  is  a  question  for  the  school  authorities,  but  whether  the  practice  has  taken  the  form  of 
sectarian  instruction  is  a  question  for  the  courts  to  determine  upon  evidence.  Every  alleged  vio- 
lation must  be  established  by  competent  proof. 

Sec.  12. — Reform  schools. — The  legislature  may  provide  by  law  for  the 
establishment  of  a  school  or  schools  for  the  safe  keeping,  education,  employ- 
ment, and  reformation  of  all  children  under  the  age  of  sixteen  years  who, 
for  want  of  proper  parental  care,  or  other  cause,  are  growing  up  in  mendicancy 
or  crime. 


THE 
SCHOOL  LAWS  OF  NEBRASKA 


Chapter  71. 

ARTICLE  I. 

SCHOOL  DISTRICTS. 


SECTION 

6700.  School  and  district  construed. 

6701.  District  a  body  corporate. 

6702.  Division  of  counties. 

6703.  Foundation  of  new  districts. 

6704.  Notice  by  superintendent. 

6705.  Notice  to  voters. 

6706.  Return  of  notice. 

6707.  Same — record — evidence. 

6708.  Division  of  district — property — indebt- 

edness. 

6709.  Same — bonded  indebtedness. 

6710.  Same— collected. 

6711.  Same — payment. 

6712.  Sale  of  property. 

6713.  Division  of  proceeds. 

6714.  Division  of  teachers'  fund. 


SECTION 

6715.  Floating  indebtedness. 

6716.  Report  change  in  district — map. 

6717.  Unsatisfactory  division  of  property. 

6718.  Arbitration. 

6719.  Award  final. 

6720.  Arbitrators'  fees. 

6721.  District  in  two  counties. 

6722.  Depopulated  districts. 

6723.  Same — annexation  to  adjoining  districts 

6724.  Closing  up  affairs  of  same. 

6725.  Debts — taxes. 

6726.  Superintendent — bond. 

6727.  Same — report. 

6728.  Same — compensation. 

6729.  Districts  containing  three   or   less   sec- 

tions of  land. 


6700  Section  1.*     School  and  District  Construed. — The  term  school 
district  as  used  in  this  chapter  is  declared  to  mean  the  territory  under  the 
jurisdiction  of  a  single  school  board  authorized  by  this  chapter.     The  term 
school  shall  be  construed  to  mean  a  school  under  the  jurisdiction  of  a  school 
board  authorized  by  this  chapter. 

6701  Sec.  2.    District — a  body  corporate. — Every  duly  organized  school 
district  shall  be  a  body  corporate,  and  possess  all  the  usual  powers  of  a  corpora- 
tion for  public  purposes,  by  the  name  and  style  of  "school  district  number 

,  of county,"  and  in  that  name  may  sue  and  be  sued, 

purchase,  hold,  and  sell  such  personal  and  real  estate  as  the  law  allows. 

See  Sec.  60,  article  3.  No  cause  of  action  will  accrue  to  school  district,  as  a  corpora- 
tion, against  county  superintendent  for  the  manner  in  which  he  may  exercise  his  discretion  in 
changing  the  boundaries  of  districts.  23  Neb.,  661.  See  11  Id.,  285.  12  Id.,  241.  22  Id.,  205. 
28  Id.,  254.  30  Id.,  363. 

6702  Sec.  3;    Division  of  counties. — Each  organized  county  not  already 
divided  into  school  districts,  or  any  part  of  such  counties  not  so  divided, 
shall  be  divided  by  the  county  superintendent  into  as  many  school  districts 
as  may  be  necessary. 

Territory  not  hitherto  organized  into  school  districts  may  be  divided  at  the  discretion 
of  the  county  superintendent. 

Districts  should  be  limited  in  extent  by  the  distance  that  scholars  are  able  to  attend 
school.  9  Neb.,  366.  County  superintendent  has  exclusive  original  jurisdiction.  35  Neb. 
400.  51  Id.,  570. 

*The  section  numbers  1,  2,  3,  etc.,  refer  to  sections  in  Chapter  71  (schools)  of  the  Statute 
as  revised  and  codified  by  the  commission  appointed  for  the  purpose. 

—21— 


22  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

6703  Sec.  4.  Formation  of  new  districts. — New  districts  may  be  formed 
from  other  organized  districts,  and  boundaries  of  existing  districts  may  be 
changed,  under  the  following  conditions  only: 

First — Discretion  of  county  superintendent  to  create  a  new  district. — 
The  county  superintendent  shall  have  discretionary  power  to  create  a  new 
district  from  other  organized  districts  upon  a  petition  signed  by  one-third  of 
the  legal  voters  in  each  district  affected. 

Second — Discretion  of  county  superintendent  to  change  boundaries. — 
The  county  superintendent  shall  have  discretionary  power  to  change  the 
boundaries  of  any  district  upon  petitions  signed  by  one-half  of  the  legal 
voters  in  each  district  affected.  He  shall  also  have  discretionary  power 
to  annex  to  any  existing  district  any  territory  not  organized  into  districts, 
upon  petitions  signed  by  one-half  of  the  legal  voters  in  the  district  and 
in  the  territory  proposed  to  be  annexed;  Provided,  upon  the  peti- 
tion of  any  freeholder  or  freeholders  to  a  Board  consisting  of  the  county 
superintendent,  county  clerk  and  county  treasurer,  asking  to  have  any  land 
described  therein  set  off  from  the  district  in  which  it  is  situated  and  attached 
to  some  other  district,  which  petition  shall  show  that  the  land  therein  de- 
scribed is  owned  by  the  petitioner  or  petitioners,  and  that  the  land  joins  the 
district  to  which  it  is  to  be  attached;  which  petition  shall  also  state  the  reasons 
for  such  proposed  change,  and  no  change  shall  be  made  unless  it  is  shown 
that  the  territory  proposed  to  be  attached  has  children  of  school  age  residing 
thereon  with  their  parents  or  guardians,  that  they  are  each  more  than  two 
miles  from  the  school  house  in  their  own  district  and  at  least  one-half  mile 
nearer  to  the  school  house  in  the  adjoining  district,  said  distance  to  be  meas- 
ured by  the  shortest  route  possible  upon  section  lines  or  traveled  roads  open 
to  the  public,  and  shall  be  verified  by  the  Oath  of  the  petitioner  or  petitioners; 
the  board  may  thereupon  change  the  boundaries  of  the  districts  so  as  to  set 
off  the  land  described  in  the  petition  and  attach  it  to  such  adjoining  dis- 
trict as  is  called  for  in  the  petition  whenever  they  shall  deem  it  just  and  proper 
and  for  the  best  interest  of  the  petitioner  or  petitioners  so  to  do. 

Third — Shall  not  refuse  the  petition  of  two-thirds. — The  county  super- 
intendent shall  not  refuse  to  change  the  boundary  line  of  any  district,  or 
to  organize  a  new  district,  when  he  shall  be  asked  to  do  so  by  a  petition  from 
each  school  district  affected  signed  by  two-thirds  of  all  the  legal  voters  in 
such  district,  nor  to  annex  to  an  existing  district  any  territory  not  organized 
into  districts  when  asked  to  do  so  by  petitions  signed  by  two-thirds  of  the 
legal  voters  of  the  existing  district  and  the  territory  proposed  to  be 
attached.  A  notice  of  the  petition  containing  an  exact  statement  of  what 
changes  in  district  boundaries  are  proposed,  and  when  the  petition  is  to  be 
presented  to  the  county  superintendent,  shall  be  posted  in  three  public 
places,  one  of  which  places  shall  be  upon  the  outer  door  of  the  schoolhouse, 
if  there  be  one,  in  each  district  affected,  or  territory  not  organized  into  dis- 
tricts proposed  to  be  attached  to  an  existing  district,  at  least  ten  days 
prior  to  the  time  of  presenting  the  petition  to  the  county  superintendent. 
Provided,  on  January  2,  1910,  any  territory  which  is  not  then  a  part  of 
any  school  district  shall,  by  the  county  superintendent  of  the  county  in 
which  such  territory  lies,  either  be  organized  into  new  districts  or  attached  to 


THE  NEBRASKA  SCHOOL  LAWS  23 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

one  or  more  adjoining  districts.  Provided  further,  changes  affecting  cities 
hall  be  made  upon  the  petition  of  the  board  of  education  of  the  district  or 
districts  affected. 

Fourth. — Two  districts  made  from  one. — Two  districts  may  be  made 
rom  one  by  the  county  superintendent  upon  a  petition  from  each  district 
proposed  signed  by  a  majority  of  the  voters  in  each  district  proposed.  One 
district  may  be  discontinued,  and  its  territory  attached  to  other  adjoining 
districts,  upon  petition  signed  by  one-half  of  the  legal  voters  in  each  district 
affected. 

Fifth — List  of  voters. — A  list  or  lists  of  all  the  legal  voters  in  each  district 
(or  territory)  affected,  made  under  the  oath  of  a  resident  of  each  district  (or 
territory)  affected,  together  with  an  oath  of  a  resident  of  each  district 
(or  territory),  that  the  legal  notice  provided  for  in  the  third  clause  of 
this  section  has  been  properly  posted,  shall  be  given  to  the  county  superin- 
tendent when  the  petition  is  presented.  By  legal  voters  herein  is  meant  all 
who  are  legal  voters  at  an  election  for  school  district  officers. 

Sixth — New  district,  when  formed. — No  new  district  shall  be  formed 
between  the  first  Tuesday  of  April  and  the  first  day  of  October. 

This  does  not  apply  to  change  of  boundaries  nor  to  consolidation  of  districts. 

Seventh — Extent  of  district. — No  new  district  shall  be  formed  con- 
taining less  than  four  (4)  sections  of  land,  nor  shall  any  district  be  reduced 
by  division  or  otherwise  so  as  to  contain  less  than  that  amount,  unless  the 
district  so  formed,  or  the  part  of  a  district  remaining  after  division,  shall 
have  an  assessed  valuation  of  property  of  not  less  than  fifteen  thousand 
($15,000)  dollars;  Provided,  when  streams  or  water  courses  make  it  im- 
practicable to  form  districts  containing  four  sections,  then  the  county 
superintendent  may  form  districts  with  less  than  four  sections  without  regard 
to  valuation.  When  streams  of  water  make  it  impractible  for  children  to 
attend  school  in  their  own  district,  the  county  superintendent  shall  have 
authority,  and  it  shall  be  his  duty,  when  requested  by  the  parents  or  guardians 
of  such  children,  to  attach  to  adjoining  districts  such  territory  as  he  may 
deem  necessary  for  the  purpose  of  giving  the  children  school  privileges.  When 
a  district  is  reduced  in  size  by  the  annexation  of  a  part  of  its  territory  to  a 
city  district  as  provided  by  law,  or  when  a  portion  of  a  district  is  cut  off  from 
school  privileges  by  a  river  changing  its  channel,  so  that  such  part  remain- 
ing after  such  annexation  or  the  portion  so  cut  off  by  change  of  a  river 
channel  shall  contain  less  than  two  sections  of  land  and  fewer  than  twenty 
(20)  persons  of  school  age,  the  county  superintendent  shall  have  authority, 
and  it  shall  be  his  duty  to  attach  such  remainder  or  portion  to  adjoining 
districts,  provided  this  can  be  so  done  that  no  pupil  in  such  remainder  or 
portion  shall  be  more  than  two  and  one-half  miles  from  the  nearest  school- 
house  in  the  district  in  which  such  pupil  is  so  placed. 

Eighth — Petitions  filed. — The  county  superintendent  shall  file  in  his 
office  all  petitions  that  have  been  granted  for  change  of  boundaries  or  for 
the  formation  of  new  districts,  and  such  petition  shall  be  prima  facie  evidence 
of  the  boundaries  of  districts;  and  all  conflicting  records  of  boundaries  shall 
be  made  to  correspond  with  the  petitions  so  filed. 


24  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

Sec.  4  A.  Consolidation. — Districts  located  contiguous  to  each 
other  may  unite  and  form  one  consolidated  district  in  the  manner 
following? 

(a)  The  hoards    of  directors  in   the  districts  affected     shall 
require  their  secretaries  to  give  at  least  ten  days'  notice  of  the 
time  and  place  for  a  meeting  of  the  electors  residing  in  each  of 
said   districts   whenever  each   of  said  district   hoards  shall  agree 
to  order  such  an  election,  or  whenever  a  written  request  of  one- 
fifth  of  the  legal  voters  is  presented  to  their  respective  boards  in 
favor  of  uniting.     Notice  of  such  election  shall  be  given  by  posting 
written  or  printed  notices  in  at  least  five  public  places  in  each  of 
said  districts.     At  the  meeting  thus  called  the  electors  shall  vote 
by  ballot  for  or  against  a  consolidated  organization  of  those  of 
said  districts  which  vote  in  favor  of  consolidation.    Those  districts 
which  are  adjoining  and  in  which  a  majority  of  the  votes  cast  at 
the  election  are  in  favor  of  such  consolidation,  shall  thereby  be 
organized  as  a  consolidated  school  district.     The  directors  of  the 
districts  so  consolidated  shall  notify  the  county  superintendent 
of  the  organization  so  affected,  and  the  county  superintendent 
shall  make  record  of  the  fact  and  proceed  to  notify  the  county 
clerk  and  to  alter  the  county  school  district  map  as  directed  by 
law.     The  county  superintendent  within  ten  days  after  the  for- 
mation of  said  consolidated  district  shall  call  a  meeting  of  the 
electors  as  provided  by  law  for  the  organization  of  new  districts. 
At  said  meeting   the  qualified  electors  shall  proceed  to   elect  a 
school  board  as  provided  by  law.     The  consolidated  district  when 
organized  shall  be  governed  by  all  laws  enacted  for  the  government 
of  schools.     Districts  adjacent  to  an  existing  high  school  district 
may    consolidate    therewith    under    the    provisions    of    this    act, 
and   districts   adjacent   to   each   other   may   consolidate   for    the 
purpose  of  maintaining  a  high  school,  either  as  a  separate  school 
or  as  a  part  of  a  consolidated  grade  and  high  school  for  such 
districts. 

(b)  The   district   board   of  any  consolidated  school   district 
shall  provide  for  the  comfortable  transportation  of  pupils  of  said 
consolidated  district  living  two  or  more  miles  from  the  school 
attended,  by  the  usual  traveled    road,  in  a  safe  and  inclosed  con- 
veyance or  conveyances,  properly  heated,  and  said  district  board 
is  authorized  to  establish  such  rules  and  regulations  as  may  be 
necessary  for   carrying   out   the  provisions   of   this   act.      At   any 
regular  annual  school  district  meeting  in  such  district,  it  shall 
be     lawful  for  the  qualified  voters  therein  by  two-thirds  vote  to 
suspend   the   provision   for   the   district   transportation   of  pupils 
and  the  said  action  shall  be  confirmed  by  the  county  superintend- 
ent  upon   a   satisfactory   showing   that  individual   arrangements 
have  been  made  for  all  necessary  transportation  of  pupils  without 
cost  to  the  district. 

(c)  One  school  district  may  be  discontinued  and  its  territory 


THE>TEBRASKA  SCHOOL  LAWS  25 

~*    COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

attached  to  an  adjoining  consolidated  school  district  upon  a  peti- 
tion signed  by  one-half  of  the  legal  voters  of  the  district  discon- 
tinued provided  that  a  majority  of  the  voters,  attending  the 
annual  meeting  or  a  special  meeting  called  by  the  board  for  that 
purpose,  in  the  consolidated  district  vote  in  favor  of  annexing 
said  territory. 

(d)  A  consolidated  district  may  be  formed  under  the  provis- 
sions  of  this  act  any  time  during  the  year. 

(e)  All  consolidated    districts  organized  in  accordance  with 
the    provisions    of   this    act    and   all   school   districts    containing 
twenty-five  sections  or  more  which  are  now  or  may  be  hereafter 
organized  and  which   provide    for  comfortable  transportation  of 
pupils  living  two  or  more  miles  from  school  and  maintain  suitable 
grounds  and  a  two  room  school  building  'and  the  necessary  de- 
partments  and  equipment  for  teaching    agriculture    and    home 
economics  or  other  industrial  and  vocational  subjects  in  addition 
to    the  regular  course  of  study  and  employing  teachers  holding  a 
certificate  showing  their  qualifications  to  teach  said  subjects,  and 
in  which  said  subjects  are  provided  as  a  part  of  the  regular  course 
in  such  instruction,  shall  be  awarded  and  paid  from  the  state 
treasury  from  moneys  not  otherwise  appropriated,  the  sum  of 
$100   toward   the   equipment  required,   and   the  further  sum   of 
$150  annually. 

(f)  All  consolidated  districts  organized  in  accordance  with 
the    provisions    of    this    act    and    all    school    districts    containing 
twenty-five  sections  or  more  which  are  now  or  may  be  hereafter 
organized  and  which  provide  for  comfortable  transportation  of 
pupils  living  two  or  more  miles  from  school  and  maintain  suit- 
able grounds  and  a  three  room  building  and  the  necessary  de- 
partment   and    equipment    for    teaching    agriculture    and    home 
economics  or  other  suitable  and  vocational  subjects  in  addition 
to  the  regular  course  of  study,  and  employing  teachers  holding 
certificates  showing  their  qualifications  to  teach  said  subjects, 
and  in  which  said  subjects  are  provided  as  a  part  of  the  regular 
course  in  such  schools,  subject  to  the  approval  of  the  superin- 
tendent of  public  instruction,  shall  be  awarded  and  paid  from  the 
state    treasury,    from    moneys    not    otherwise    appropriated,    the 
sum  of  $150  toward  the  equipment  required  and  the  further  sum 
of  $200   annually. 

(g)  All  consolidated  districts  organized  in  accordance  with 
the  provisions  of  this  act  and  all  school  districts  containing  twenty- 
five  sections  or  more  which  are  now  or  may  be  hereafter  organized 
and    which    provide    for    comfortable    transportation    of    pupils 
living    two    or    more    miles    from    school    and   maintain    suitable 
grounds  and  a  four  or  more  room  school  building  and  the  neces- 
sary departments  and  equipment  for  teaching  agriculture  and 
home    economics    or    other    suitable    and    vocational    subjects    in 
addition  to  the  regular  course  of  study,  and  employing  teachers 


26  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  8t  BARTLETT  CO..  OMAHA. 

holding  certificates  showing  their  qualifications  to  teach  said 
subjects,  and  in  which  said  subjects  are  provided  as  a  part  in  the 
regular  course  in  such  schools,  subject  to  the  approval  of  the 
superintendent  of  public  instruction,  shall  be  awarded  and  paid 
from  the  state  treasury,  from  moneys  not  otherwise  appropriated 
the  sum  of  $250  toward  the  equipment  required  and  the  further 
sum  of  $300  annually. 

6704  Sec.     5.     Notice    by     Superintendent. — Whenever     the    county 
superintendent  of  any  county  shall  form  a  new  district,  it  shall  be  the  duty 
of  the   superintendent    to  deliver  to  a  taxable    inhabitant    of   such    district 
a  notice  in  writing  of  the  formation  of  such  district,  describing  its  boundaries, 
and  specifying  the  time  and  place  of  holding  the  first  meeting,  which  notice, 
with  the  fact  of  such  delivery,  shall  be  entered  upon  the  record  by  the  super- 
intendent. 

The  record  should  contain  a  minute  detail  of  all  proceedings  in  relation  to  the  forma- 
tion of  the  new  district  and  of  the  amount  justly  due  the  new  from  the  old  district  out  of  which 
it  may  have  been  formed.  6  Neb.,  545. 

6705  Sec.   6.     Notice   to   voters. — The   notice  shall   also  direct   such 
inhabitant  to  notify  every  qualified  voter  of  such  district,  either  person- 
ally or  by  leaving  a  written  notice  at  his  or  her  place  of  residence,  of  the  time 
and  place  of  holding  such  meeting,  at  least  five  days  before  the  time  appointed 
therefor;  and  it  shall  be  the  duty  of  such  inhabitant  to  notify  the  qualified 
voters  of  said  disrtict  accordingly. 

Every  qualified  voter  should  be  notified;  but  a  failure  to  notify  one  or  more  would  not 
invalidate  the  action  of  the  meeting  unless  fraud  could  be  shown.  (See  section  8.)  For  defi- 
nition of  "qualified  voter,"  see  sections  34  and  35,  article  2. 

6706  Sec.    7.     Return    of    notice. — The    inhabitant,    when    he     shall 
have  notified  the  qualified  voters  as  required  in  said  notice,  shall    endorse 
thereon  a  return,  showing  such  notification  with  the  date  or  dates  thereof, 
and  deliver  such  notice  and  return  to  the  chairman  of  the  meeting. 

6707  Sec.    8.     Same — record — evidence. — The    chairman    shall     de- 
liver such  notice  and  return  to  the  director  chosen  at  such  meeting,  as  here- 
inafter provided,  who  shall  record  the  same  at  length  in    a    book,    to    be 
provided  by  him  at  the  expense  of  the  district,  as  a  part  of  the    records 
of  such  district,  which  records  shall  be  prima  facie  evidence  of  the  facts 
therein  set  forth  and  of  the  legality  of  all  proceedings    in   the  organiza- 
tion of  the  district  prior  to  the  first  district  meeting,  but  nothing  in  this 
section  contained  shall  be  so  construed  as  to  impair  the  effect  of  the  record 
kept  by  the  county  superintendent  as  evidence. 

6708  Sec.  9.     Division  of  district — property — indebtedness. — When    a 
new  district  is  formed  in  whole  or  in  part  from  one  or  more  districts  possessed 
of  a  schoolhouse  or  other  property,  the  county  superintendent,  at  the  time  of 
forming  such  new  district,  or  as  soon  thereafter  as  may  be,  shall  ascertain  and 
determine  the  amount  justly  due  to  such  new  district  from  any  district  or 
districts  out  of  which  it  may  have  been  in  whole  or  in  part  formed,    which 
amount  shall  be  ascertained  and  determined  as  nearly  as  practicable  according 
to  the  relative  value  of  the  taxable  property  in  the  respective  parts  of  such 
former  district  or  districts  with  the  whole  value  thereof  at  the  time  of  such 


THE  NEBRASKA  SCHOOL  LAWS  27 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.,  OMAHA. 

division,  and  the  fact  that  the  schoolhouse  or  other  property  is  not  paid  for 
shall  not  deprive  such  new  district  of  its  proportionate  share  of  the  value 
thereof;  Provided,  Such  new  district  shall  remain  bound  for  such  indebtedness 
to  the  same  extent  as  though  the  new  district  had  not  been  formed;  unless_in 
case  of  indebtedness  not  bonded  the  same  shall  be  adjusted  as  hereinafter 
provided. 

The  division  of  school  districts  and  school  property  is  one  of  the  most  important  and 
delicate  of  the  superintendent's  duties,  always  to  be  performed  with  care  and  deliberation. 
The  division  of  property  should  be  made  when  the  district  is  divided,  or  as  soon  as  possible 
thereafter.  Where  there  are  debts,  which  must  be  paid  by  the  old  district,  they  should  be 
taken  into  account  in  the  division  of  property.  The  superintendent  must  use  his  best  judg- 
ment in  estimating  the  value  of  school  property,  keeping  in  mind  that  the  law  requires  him 
to  "ascertain  and  determine  the  amount  justly  due  to  the  new  district.  Section  11  states 
clearly  how  this  money  is  to  reach  the  treasury  of  the  new  district. 

In  applying  sections  9  and  11  to  the  division  of  a  district  which  is  bonded,  it  must  be 
remembered  that  the  bonds  are  of  the  nature  of  a  mortgage  on  all  the  land  and  property  of 
the  original  district,  and  that  this  incumbrance  cannot  be  removed  from  any  part  of  it  by  the 
division.  54  Neb.,  171. 

When  the  division  of  a  district  has  been  completed  by  a  county  superintendent,  his 
successor  cannot  re-open  and  adjust  it  again;  but  a  superintendent  who  finds  out  that  he  has 
made  a  serious  mistake  may  correct  such  mistake  within  reasonable  time. 

To  divide  a  joint  district  the  same  formalities  are  requisite  as  in  any  other.  A  peti- 
tion should  be  presented  to  the  superintendent  of  each  county  affected. 

Debts  of  a  district  cannot  be  divided  and  apportioned  without  the  consent  of  creditors. 

After  the  division,  the  old  district  has  no  authority  to  use  property  or  funds  to  which 
the  new  one  is  entitled.  4  Neb.,  267.  Where  there  is  no  finding  or  determination  whatever 
by  the  superintendent  as  to  property  of  any  kind  retained  by  a  district  out  of  which  a  new 
district  was  formed,  his  certificate  to  the  county  clerk,  stating  the  amount  of  tax  to  be  levied 
on  the  old  district  to  be  paid  to  the  new  when  collected,  is  a  nullity.  6  Neb.,  539.  Certifi- 
cate of  superintendent  of  amount  found  due,  sufficient  to  authorize  levy  of  tax.  12  Neb., 
327.  See  also,  13  Id.,  177.  17  Id.,  177.  19  Id.,  485. 

6709  Sec.     10.     Same — bonded    indebtedness. — If    the    old    district 
shall  be  subject  to  any  bonded  indebtedness,  and  the  amount  to  which  such 
new  district  shall  be  entitled  on  account  of  any  such  property  shall  not  exceed 
its  proportionate  share  of  such  bonded  indebtedness,  the  amount  to  which  the 
new  district  shall  be  entitled  as  aforesaid  shall  be  apportioned  so  as  to  come 
due  in  installments  proportionately  at  such  times  as  the  original  indebted- 
ness shall  become  due  to  the  creditors  of  the  old  district. 

6710  Sec.     11.     Same — Collected. — The     amount      of     such      propor- 
tion, when  so  ascertained  and  determined,  shall  be  certified  by  the   county 
superintendent  to  the  county  clerk,  who  shall  present  the  amount  to    the 
county  board  at  the  session  next  succeeding,   whose  duty  it  shall    be  at 
the  proper  time  or  times  to  assess  the  same  upon  the  taxable    property 
of  the  district  retaining  the  schoolhouse  or  other  property  of  the  former 
district,  in  the  same  manner  as  if  the  same  had  been  authorized  by  a  vote  of 
such  district,  and  the  money  so  assessed  shall  be  placed  to  the  credit  of  the 
new  district. 

The  action  of  the  district  is  not  required  to  levy  the  tax  thus  made  necessary,  and  it 
s  beyond  its  control.  The  county  commissioners  are  the  proper  persons  to  levy  it. 

The  whole  amount  need  not  be  levied  at  once,  but  may  be  put  into  two  or  more  levies. 

6711  Sec.  12.     Same — payment. — When  collected,  the  amount  shall  be 
paid  over  to  the  treasurer  of  the  new  district,  to  be  applied  to  the  use  thereof 
in  the  same  manner,  under  the  direction  of  its  proper  officers,  as  if  such  sum 
had  been  voted  and  raised  by  the  district  for  building  a  schoolhouse  or  other 
district  purposes. 

6712  Sec.     13.     Sale    of    property.— Whenever,    by    the    division    of 
any  district,  the  schoolhouse  or  site  thereof  shall  no  longer  be  conveniently 


28  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA 

located  for  school  purposes,  and  shall  not  be  desired  by  the  district  in  which 
it  may  be  situated,  the  county  superintendent  of  the  county  in  which  such 
schoolhouse  and  site  shall  be  located  may,  when  ordered  by  the  district, 
advertise  and  sell  the  same  at  public  or  private  sale,  and  apportion  the  pro- 
ceeds; Provided,  when  sold  at  private  sale  the  sale  shall  not  be  binding  until 
approved  by  the  district  interested. 

For  errors  of  judgment  and  mistakes  in  the  performance  of  this  onerous  duty  the  super- 
-ntendent  is  not  pecuniarily  responsible,  unless  there  is  evidence  of  fraud.  The  superintendent 
should  take  ample  time  and  acquaint  himself  fully  with  the  facts. 

6713  Sec.    14.     Division  of  proceeds. — The   money   arising  from  the 
sale  of  schoolhouse  and  site,   or  otherwise,  except  teachers'  fund  shall  be 
divided  among  the  several  districts  created  in    whole    or    part    from    the 
divided  districts  as  nearly  as  practicable  in  proportion  to  the  taxable  property 
of  the  districts  formed  in  whole  or  in  part  by  such  division. 

6714  Sec.  15.     Division  of  teachers'  fund. — Money  on  hand  belonging 
to  the  teachers'  fund  of  said  district  shall  be  divided  in  proportion  to  the  num- 
ber of  pupils  in  each  district  at  the  time  of  such  division.    The  money  desig- 
nated in  this  and  the  preceding  section  shall  be  divided  at  once,  and  not  in 
the  manner  provided  in  the  fourth  next  preceding  section. 

Money  on  hand  when  a  district  is  divided  is  to  be  treated  as  follows:  The  teachers' 
fund,  including  proceeds  of  tax  for  teachers'  wages  and  the  state  apportionment,  according  to 
section  15;  that  is,  in  proportion  to  the  number  of  children  in  the  district  at  the  time  of.  divi- 
sion. The  remaining  funds  (both  in  county  and  district  treasury)  will  be  divided  according 
to  section  14;  that  is,  in  proportion  to  the  taxable  property  of  the  districts  concerned. 

When  a  county  superintendent  has  ordered  money  paid  by  one  district  to  another, 
and  the  district  neglects  or  refuses  to  pay  it,  the  treasurer  of  the  district  to  which  the  money 
is  due  may  apply  to  the  court  for  a  mandamus  to  compel  the  officers  of  the  delinquent  dis 
trict  to  pay  the  money. 

6715  Sec.    16.     Floating    indebtedness.  —  Whenever    a    new     district 
shall  be  organized  from  the  territory  of  a  former  district,  and  there  shall  be 
any  indebtedness  of  such  former  district  which  shall  not  be  bonded,  such 
unbonded  indebtedness    shall  be  taken    into  account  in  estimating  the  sum 
due  from  the  old  to  the  new  district  on  account  of  schoolhouse  or  other  prop^ 
erty,  and  the   new.  district  shall   be  entitled  to  only  the  value  of  its  propor- 
tionate share  of  the  property  after  deducting  its  like  share  of  the   indebted- 
ness. 

Where  several  districts  are  consolidated,  the  new  district  not  only  becomes  invested 
with  the  property  rights  of  the  former,  but  also  becomes  answerable  for  their  debts.  51  Neb.  1. 

6716  Sec.    17.     Report    change    in    district — map. — Every    change     in 
district  boundary  lires  must  be  reported  as  soon  as  made  to  the  county  clerk 
and  the  county  treasurer  by  the  county  superintendent;   and  the   county 
superintendent  shall  keep  in  the  office  of  the  county  clerk  a  map  of  the  school 
districts  of  the  county,  which  map  shall  be  revised  as  often  as  the  boundary 
lines  of  districts  are  changed  or  new  districts  formed.     The  county  superin- 
tendent shall  also  report  to  the  county  treasurer  the  necessary  changes  to  be 
made  upon  the  tax  lists  of  the  county.     Upon  receiving  said  notification,  it 
shall  be  the  duty  of  the  county  treasurer  to  adjust  the  tax  list  of  the  county 
in  accordance  with  the  change  of  district  boundaries,  so  that  the  uncollected 
taxes  levied  upon  property  that  has  been  transferred  to  another  school  dis- 
trict, shall,  when  collected,  be  placed  to  the  credit  of  the  district  to  which 
such  property  has  been  transferred. 


THE  NEBRASKA  SCHOOL  LAWS  29 

COMPILED  BY  KLOPP  &  BARTL.ETT  CO..  OMAHA. 

6717  Sec.  18.     Unsatisfactory  division  of  property. — Whenever  a   dis- 
trict is  dissatisfied  with  the  division  of  school  property  made  by  the  county 
superintendent,  the  points  in  dispute  may  be  referred  to  three  disinterested 
persons,  no  one  of  whom  shall  be  a  resident  of  either  district  interested  injhe 
matter  at  issue,  one  to  be  chosen  by  the  school  board  of  each  district,  ami 
these  two  to  choose  a  third,  and  the  decision  of  any  two  of  them  shall  be  final. 

6718  Sec.     19.     Arbitration. — The    manner    of    proceeding    shall    be 
substantially  as  follows:     The  district  desiring  an  arbitration  shall  make  a 
demand  in  writing  of  the  county  superintendent  within  ten  days    after  the 
superintendent  has  made  his  award.    The  county  superintendent  shall  notify 
the  other  district  or  districts,  and  direct  them  to  choose  arbitrators.     The 
county  superintendent  shall  appoint  a  time  and  place  for  the  hearing,  at 
which  the  arbitrators  shall  proceed  immediately  to  hear  and  determine  the 
matter  at  issue  according  to  justice  and  right,  taking  all  the  circumstances 
into  consideration. 

6719  Sec.  20.     Award  final. — The  award  of  arbitrators  shall  be  in  writ- 
ing and  shall  be  filed  with  the  county  superintendent,  and  shall  be  final;  Pro- 
vided, if  no  award  is  made  by  the  committee  within  thirty  days  from  the  day 
of    arbitration,  the  division  made  by  the   county  superintendent  shall  be 
legal  and  valid. 

6720  Sec.    21.     Arbitrators'    fees. — The    fees    of    such     arbitrators 
shall  be  as  follows:     Each  person  engaged  as  arbitrator  shall  receive  two 
dollors  per  day  during  the  time  necessarily  occupied,  to  be  paid  equally  by 
the  districts. 

6721  Sec.  22.     District  in  two  counties. — When  persons  living  in  two  or 
more  counties  desire  to  form  a  school  district,  it  shall  be  the  duty  of  the 
superintendents    of    the    respective    counties    to    authorize   the  persons  to 
organize  such  district,  and  the  reports  contemplated  in  this  chapter  shall  be 
made  to  the  superintendents  of  each  county,  parts  of  which  form  the  district, 
of  such   property  or   children   as   may   be   within   the   limits   of  each  such 
organized  county. 

6722  Sec.  23.     Depopulated  districts. — In  case  the  number  of    legal 
voters  in  any  district  becomes  less  than  three,  the  county  superintendent  shall 
act  as  the  third  officer  of  such  district. 

6723  Sec.  24      Same — annexation  to  adjoining  districts. — When    for 
a  continuous  period  of  one  year  a  district  shall  have  less  than  two  legal  voters 
residing  therein,  the  county  superintendent  may,  in  his  discretion,  annex  the 
the  district  to  one  or  more  adjoining  districts,  upon  petitions  signed  by  a 
majority  of  the  legal  voters  of  such  adjoining  district  or  districts;  Provided, 
if  any  school  district  shall,   for  two  consecutive  years,   fail  to    maintain 
a  public  school,  as  required  by  law  to  do,  it  shall  be  the  duty  of  the  county 
superintendent  of  the  county  in  which  such  district  lies,  to  attach  the  territory 
of  such  district  to  one  or  more  adjoining  school  districts. 

6724  Sec.  25.     Closing  up  affairs  of  same. — When  for  a    continuous 
period  of  one  year  a  district  shall  have  less  than  two  legal  voters   residing 
therein,  who  for  a  period  of  two  consecutive  years  shall  fail  or  neglect    to 
maintain  its  district  organization,  it  shall  be  lawful,  upon  a  petition   being 


30  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA 

presented  for  that  purpose  by  the  resident  voter  'of  said  district,  or  by  the 
county  superintendent  of  the  county  in  which  the  district  is  situated,  for 
any  court  of  competent  jurisdiction  of  such  county  to  authorize  the  county 
superintendent  of  the  county  in  which  such  district  is  located  to  close  up  the 
affairs  of  said  district.  Twenty  days  previous  to  any  action  on  the  part  of 
the  county  superintendent  notice  of  such  action  on  the  part  of  the  court  shall 
be  made  public  in  some  legal  newspaper  circulating  in  such  county.  The  said 
county  superintendent  thus  authorized  shall  have  power,  and  it  shall  be  his 
duty  to  take  possession  of  all  -school  property  belonging  to  such  district.  If 
there  be  funds  belonging  to  the  district  in  the  hands  of  the  county  treasurer, 
the  county  superintendent  shall  proceed  to  pay  off  the  indebtedness  of  the 
district,  issuing  orders  upon  the  county  treasurer  for  the  payment  of  such 
indebtedness.  If  there  be  no  funds  in  the  hands  of  the  county  treasurer  to 
the  credit  of  the  district,  the  county  superintendent  shall,  on  order  of  the 
court,  advertise  and  sell  at  public  auction  the  school  property  of  said  district, 
placing  the  money  thus  obtained  in  the  hands  of  the  county  tresaurer  to  the 
credit  of  the  aforesaid  district,  and  issue  orders  upon  it  as  above. 

6725  Sec.  26.     Debts — taxes. — If  any  indebtedness  still    remain     un- 
paid, the  county  board  of  the  county  shall  determine  the  rate  of  taxation 
necessary  to  pay  such  indebtedness,  and  shall  cause  such  taxes  to  be  levied 
upon  all  property  in  the  district  and  collected  as  other  taxes. 

6726  Sec.    27.     Superintendent — bond. — Before    entering    upon    such 
duties,  the  county  superintendent  shall  execute  a  good  and  sufficient  bond 
to  the  people  of  the  State  of  Nebraska,  to  be  approved  by  the  judge  of  the 
court,  in  double  the  amount  of  the  value  of  all  property  which  in  the  opinion 
of  the  court  shall  be  entrusted  to  his  care. 

6727  Sec.   28.     Same — report. — It  shall  be  the  duty  of  the    county 
superintendent  to  file  an  itemized  report  in  said  court,  showing  the  disposition 
of  all  property  and  money  received  by  him    in    the    transaction,    and    such 
report  shall  be  a  part  of  the  official  records  of  the  court. 

6728  Sec.     29.     Same — compensation. — For    performing    the     duties 
hereby  imposed,  it  shall  be  lawful  for  the  court  to  award  to  the  county  super- 
intendent such  compensation  as  in  its  judgement  shall  be  just  and  right; 
and  such  amount  and  costs  of  court  shall  be  a  claim  against  the  district. 

6729  Sec.  30.     Districts  containing  three  or  less  sections  of  land. — 
When  any  school  district  has  only  three  sections  of  land  or  less  than  three  sec- 
tions of  land  the  county  superintendent,  county  clerk  and  county  board  shall 
have  authority  and  it  shall  be  their  duty,  upon  petition  of  the  district  board  or 
board  of  education  of  such  school  district,  to  make  such  changes  in  the  bound- 
aries of  such  district  and  of  any  or  all  districts  continguous  thereto  as  in  their 
judgment  will  be  just  and  equitable. 

Sec.  30a.  Districts  containing  less  than  six  sections  of  land. — 
That  when  any  school  district,  which  maintains  a  graded  school 
of  not  less  than  ten  regular  grades,  contains  less  than  six  sections 
of  land,  the  county  superintendent,  county  clerk  and  county 
board  shall  have  authority,  and  it  shall  be  their  duty,  upon  peti- 
tion of  the  district  board  or  board  of  education  of  such  school 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA 


31 


district,  to  make  such  changes  in  the  boundaries  of  said  district 
and  of  all  districts  contiguous  thereto  as,  in  their  judgment,  will 
be  just  and  equitable. 


ARTICLE  II. 


DISTRICT   MEETINGS. 


SECTION 

6730.  Annual  Meeting. 

6731.  Special  meetings. 

6732.  Notice  of  meetings. 

6733.  Qualification  of  voters. 

6734.  Challenge— oath. 

6735.  Perjury. 

6736.  Challenge  to  viva  voce  vote. 

6737.  Adjournment — change  of  site. 

6738.  When  superintendent  shall  fix  site. 

6739.  Purchase  or  lease  of  site  or  schoolhouse 

—tax. 

6740.  Estimate  and  levy  for  general  school 

purposes. 


SECTION 

6741.  Joint  district — certificate  of  valuation. 

6742.  Joint  district  levy 

6743.  Tax  for  legal  purposes. 

6744.  Same — how  expended. 

6745.  Time  school  taught. 

6746.  Sale  of  property. 

6747.  Suits,  district  interested  in. 

6748.  Procedure  where  district  fails  to  provide 

for  school. 

6749.  Five  months  school. 

6750.  State  aid  to  weak  districts. 

6751.  Supeiintendent    apportion    to    severa 

districts. 


6730  Sec.  31.  Annual  meeting. — The  annual  school  meeting  of  each 
school  district  shall  be  held  at  the  schoolhouse,  if  there  be  one,  or  at  some 
other  suitable  place  within  the  district,  on  the  second  Monday  of  June  of 
each  year.  The  officers  elected  as  hereinafter  provided  shall  take  possession 
of  the  office  to  which  they  have  been  elected  upon  the  second  Monday  of 
July,  and  the  school  year  shall  commence  with  that  day. 

No  authority  to  adjourn  election.     15  Neb.,  447.     Cited  33  Id.,  335.     See,  also,  32, 
Id.,  370. 


6731  Sec.  32.  Special  meetings. — Special  meetings  may  be  called  by 
the  district  board,  or  any  one  of  them,  on  the  written  request  of  any  five  legal 
voters  of  the  district,  by  giving  the  notice  required  in  the  next  succeeding 
section;  arid  in  all  notices  of  special  meetings  the  object  of  the  meeting  shall 
be  stated,  and  no  business  shall  be  transacted  at  such  meetings  except  such 
as  is  mentioned  in  the  call. 

Upon  the  presentation  of  a  petition  signed  by  five  legal  voters  of  the  district,  the  board 
at  their  discretion,  or  any  member  of  the  board,  may  call  a  special  meeting  by  posting  the 
proper  notices.  However,  it  is  not  obligatory  upon  the  members  of  the  board  to  call  such  a 
meeting. 

A^  special  school  district  meeting  has  no  authority  to  determine  the  length  of  school  to 
be  held  in  the  district  the  ensuing  year,  nor  to  determine  at  what  time  in  the  year  such  term 
•hall  be  held.  The  legal  action  of  the  annual  meeting  upon  these  subjects  is  final. 

In  case  a  district  has  no  school  officers,  the  county  superintendent  should  call  a  special 
meeting  for  the  election  of  school  officers  upon  the  petition  of  five  legal  voters  of  said  district. 
In  case  there  are  not  five  legal  voters  in  said  district,  then  every  legal  voter  should  sign  the  peti- 
tion for  a  special  meeting.  If  said  voters  should  refuse  to  sign  such  petition,  then  the  county 
superintendent  should  apply  to  the  district  court  for  a  writ  of  mandamus  to  compel  such  voters 
to  make  legal  provision  for  school  in  such  district. 

A  majority  of  the  legal  voters  of  a  district,  at  a  special  meeting,  may  re-consider  their 
previous  action  at  a  special  meeting. 

Questions  which  can  be  determined  only  at  an  annual  meeting  cannot  be  changed  at  a 
special  meeting. 


32  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

No  business  ran  be  transacted  at  a  special  district  meeting  except  that  specified  in  the 
(  all  for  said  meeting;  but  the  fact  of  doing  business  not  mentioned  in  the  call  does  not  invali- 
date action  with  reference  to  business  which  was  specified  in  the  call. 

The  names  of  the  five  persons  who  made  the  request  for  the  call  should  be  recorded  in 
the  minutes.  The  district  officers  may  constitute  three  of  the  five.  When  a  special  meeting 
adjourns  to  another  time,  new  notices  should  be  put  up;  but  a  failure  to  do  this  would  not  ren- 
der the  adjourned  meeting  illegal. 

An  annual  or  special  meeting  held  in  the  evening  (after  night)  would  not  be  illegal. 
One  copy  of  the  notice  of  school  district  meetings  should  be  posted  upon  the  schoolhouse  door. 

6732  Sec.  33.     Notice  of  meetings.  —  All  notices  of  annual  or    special 
meetings,  after  the  first  meeting  has  been  held  as  hereinbefore  provided,  shall 
state  the  day,  hour  and  place  of  meeting,  which  place  shall  be  within  the 
district,  and  shall  be  given  at  least  fifteen  days  previous  to  such  meeting,  by 
posting  up  copies  thereof  in  three  public  places  within  the  district;  but  no 
annual    meeting  shall   be    deemed   illegal   for   want  of   such     notice.       No 
schoolhouse  site  shall  be  changed  nor  taxes  voted  for  building,  purchase  or 
lease  of  a  schoolhouse  at  any  district  meeting  unless  notices  shall  have  been 
given  of  such  meeting  as  above  provided,  including  therein  the  fact  that  such 
subjects  will  then  be  considered. 

The  official  certificate  of  the  director  of  a  school  district  that  notice  of  a  certain  special 
school  meeting  held  in  said  district  was  given  by  posting  up  notices  of  said  meeting  twenty 
days  before  the  holding  thereof,  in  three  9f  the  most  public  places  in  said  district,  which  cer- 
tificate was  introduced  and  received  in  evidence  under  a  stipulation  of  parties,  in  which  it  was 
recited  that  such  "stipulation  is  for  the  purpose  of  using  the  same  as  testimony,  instead  of  the 
plaintiff  or  defendant  being  obliged  to  take  depositions  to  prove  the  same,"  held,  to  be  evi- 
dence of  the  due  publication  of  the  notice  of  the  calling  of  such  special  school  meeting.  21 
Neb.,  725. 

6733  Sec.  34.     Qualifications  of  voters.  —  Every  person,  male  or  female, 
who  has  resided  in  the  district  forty  days  and  is  twenty-one  years  old  and  who 
owns  real  property  or  personal  property  that  was  assessed  in  the  district  in 
his  or  her  name  at  the  last  annual  assessment,  or  who  has  children  of  school 
age  residing  in  the  district,  shall  be  entitled  to  vote  at  any  district  meeting 
or  school  election   held  in  any  district,    village,     or     city;      Provided,    all 
electors  at  school  elections  held  in  cities  where  registration  of  voters  is  re- 
quired shall  comply  with  the  provisions  of  such  registration  law  before  they 
shall  be  entitled  to  vote. 

*A  person  who  owned  property  in  a  school  district  on  April  1  preceding  the  election, 
which  property  was  subject  to  assessment,  has  the  property  qualification  for  a  voter  at  school 
election. 

Penalty  for  illegal  voting.  —  This  act  provided  that  any  person  who  shall  vote  in  any  school 
district  in  this  state  in  which  he  has  not  actually  resided  ten  days,  or  such  length  of  time  as  required 
by  law,  next  preceding  the  election,  or  into  which  he  shall  have  come  for  temporary  purposes  merely, 
shall,  on  conviction  thereof,  be  fined  in  any  sum  not  less  than  twenty-five  ($25)  cL.lars  or  more 
than  one  hundred  ($100)  dollars,  or  be  imprisoned  in  the  jail  of  the  proper  county  not  more  than 
six  months. 

Any  person  who  has  resided  in  the  district  forty  days  and  is  twenty-one  years  old,  and 
who  owns  personal  property  that  was  assessed  in  the  district  in  his  or  her  own  name  at  the  last 
annual  assessment,  is  entitled  to  vote  at  any  district  meeting.  The  law  places  no  limit  as 
to  the  amount  of  taxable  property  necessary  to  entitle  the  holder  to  vote.  The  chairman  of 
the  meeting  has  no  right  to  demand  the  production  of  tax  receipts  by  persons  offering  to  vote. 

The  ownership  of  real  property,  which  confers  the  right  to  vote  at  a  district  meeting, 
must  be  an  actual  and  present  ownership  such  as  would  entitle  the  voter  to  the  use  and  con 
trol  of  the  property  in  question.  A  prospective  or  contingent  right,  like  that  of  dower  or 
curtesy,  would  not  constitute  such  ownership  as  this  statute  requires.  Important  recent 
decisions  of  our  supreme  court  declare  the  right  of  dower  to  be  a  "charge  or  incumbrance" 


upon  the  property,  similar  in  its  effect  to  a  mortgage  or  lien.  This,  however,  would  not  en- 
title the  holder  of  such  a  right  to  be  considered  as  a  voter,  any  more  than  would  the  holding  of 
a  mortgage  confer  such  a  right  upon  the  mortgagee.  Therefore,  a  wife  who  has  no  children 


of  school  age  and  owns  no  real  property  in  her  own  name  and  no  personal  property  assessed 
in  her  name  at  the;  last  annual  assassment,  would  not  become  a  legal  voter  by  virtue  of  her 
husband's  9wnership  of  such  property,  although  she  possesses  the  requisite  qualifications  of 
age  and  residence;  nor  would  the  husband  become  a  voter  simply  by  virtue  of  his  wife's  owner 
ship  of  such  property. 

The  courts  have  repeatedly  held  that  a  homesteader  is  a  "freeholder"  within  the  mean 

*The  decisions  under  section  34  are  decisions  which  apply  to  all  school  districts. 


THE  NEBRASKA  SCHOOL  LAWS  33 

COMPILED  BY   KLOPP  &  BARTLETT  CO.,  OMAHA. 

;ng  of  that  term  as  used  elsewhere  in  the  statutes.  This  clearly  implies  ownership  of  the  land 
such  as  would  entitle  him  to  vote  at  an  annual  meeting  under  the  statutory  provision  em- 
braced in  the  words  "who  owns  real  property  in  the  district." 

A  young  lady  twenty-one  years  of  age  who  holds  a  homestead  is  a  voter  at  the  annual 
meeting. 

The  homesteader  votes  in  the  district  of  his  homestead,  and  not  in  the  district  in  which 
he  may  be  temporarily  working. 

"Any  person  who  shall  vote  in  any  school  district  in  this  state  in  which  he  has  not  legally 
resided  ten  days,  or  such  length  of  time  as  required  by  law,  next  preceding  the  election,  or 
into  which  he  shall  have  come  for  temporary  purposes  merely,  shall,  upon  conviction  thereof, 
be  fined  in  any  sum  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  be 
imprisoned  in  the  jail  of  the  proper  county  not  more  than  six  months."  Section  7846,  Crim- 
inal Code,  Compiled  Statutes  of  Nebraska  for  1903. 

A  person  living  in  unorganized  territory  has  no  vote  at  school  meetings  in  any  district 
by  reason  of  having  property  in  said  district.  Residence  is  one  of  the  qualifications  neces- 
sary to  be  a  voter. 

A  person  having  all  the  necessary  qualifications  to  vote  at  an  annual  school  district 
meeting  may  not  be  debarred  from  voting  from  the  fact  that  he  was  not  in  the  district  the 
prescribed  number  of  days  just  preceding  the  election,  when  it  was  known  that  he  was  out 
of  the  district  temporarily  and  that  his  permanent  home  is  in  the  district. 

Section  6427  confers  upon  women  having  the  necessary  qualifications  the  right  to  vote 
at  any  school  district  meeting  or  school  election  held  in  any  district,  village  or  city.  This  statute 
also  confers  upon  women  possessing  such  qualifications  the  right  to  vote  at  primaries  held  in  cities 
for  the  nomination  of  members  of  boards  of  education. 

An  alien,  male  or  female,  who  possesses  all  of  the  qualifications  relative  to  age,  resi- 
dence and  ownership  of  property,  or  having  children  of  school  age,  is  a  yoter.  The  matter 
of  being  an  alien  does  not  enter  into  the  question. 

To  acquire  a  domicile  or  residence  in  a  school  district,  two  things  are  necessary:  the 
fact  of  a  residence  in  a  place,  and  the  intent  to  make  it  a  home.  A  domicile  or  residence  once 
acquired  remains  until  a  new  one  is  acquired.  Mere  intention  to  remove  without  the  fact 
of  removing  will  not  change  the  domicile;  nor  will  the  fact  of  removal  without  the  intention 
to  change  the  residence.  A  person  once  established  in  any  place,  the  presumption  of  resi- 
dence continues  unless  rebutted,  and  the  burden  of  proof  is  upon  the  party  alleging  the  same. 

In  general,  where  a  man  lives  or  claims  his  home,  and  where  he  enjoys  the  privilege 
of  a  resident  citizen,  may  be  considered  his  place  of  residence.  In  all  cases  a  man  must  prove 
his  intentipn  as  to  the  place  of  his  residence;  if  he  removes  his  family  and  goods  from  the  dis- 
trict, and  it  can  be  proved  that  he  intends  to  claim  his  residence  in  some  other  place,  he  is 
no  longer  a  resident  of  the  district.  A  homesteader  can  have  no  residence  except  in  the  dis- 
trict in  which  his  homestead  is  located.  Justice  Maxwell  says:  "That  place  will  be  con- 
sidered the  residence  of  the  person  in  which  his  habitation  is  fixed,  without  any  present  inten- 
tion of  removing  therefrom,  and  to  which,  whenever  he  is  absent  he  has  the  intention  of 
returning." 

Women  may  vote  and  hold  office  in  school  districts.     15  Neb.    477. 

6734  Sec.  35.     Challenge — oath. — If  any  person  offering  to  vote  at  a 
sohool  district  meeting  shall  be  challenged  as  unqualified  by  any  legal  voter  in 
such  district,  the  chairman  presiding  at  such  meeting  shall  declare  to  the  per- 
son challenged  the  qualifications  of  a  voter,  and  if  such  person  shall  state  that 
he  or  she  is  qualified,  and  the  challenge  shall  not  be  withdrawn,  the  said  chair- 
man shall  administer  to  him  or  her  an  oath  in  substance  as  follows:     "You 
do  solemnly  swear  (or  affirm)  that  you  are  twenty-one  years  of  age,  that  you 
resided  in  this  school  district  for  forty  days  last  past,  that  you  own  real 
property  in  the  district,  or  personal  property  that  was  assessed  in  your  name 
at  the    last  assessment  or  have    children    of    school    age   residing    in   the 
district,  so  help  you  God."     And  every  person  taking  such  oath  shall  be 
permitted  to  vote  on  all  questions  proposed  at  such  meeting. 

6735  Sec.  36.     Perjury. — If  any  person  so  challenged  shall   refuse  to 
take  such  oath,  his  or  her  vote  shall  be  rejected,  and  any  person   who  shall 
wilfully  take  a  false  oath,  or  make  a  false  affirmation  under    the    provi- 
sions of  the  preceding  section  shall  be  deemed  guilty  of  perjury,  and  be  pun- 
ished accordingly. 

6736  Sec.  37.     Challenge  to  viva  voce  vote. — When  any    question  is 
taken  in  any  other  manner  than  by  ballot,  a  challenge  immediately  after  the 
vote  h.-is  IHMMI  taken,  and  previous  to  an  announcfmonf.  of  the  vote  by   the 


34  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

chair,  shall  be  deemed  to  be  made  when  offering  to  vote,  and  treated  in   the 
same  manner. 

6737  Sec.  38.     Adjournment — change  of  site. — The  qualified  voters  in 
the  school  district,  when  lawfully  assembled,  shall  have  power  to  adjourn 
from  time  to  time,  as  may  be  necessary,  to  designate  a  site  for  a  schoolhouse, 
by  a  vote  of  two-thirds  of  those  present,  and  to  change  the  same  by  a  similar 
vote  at  any  annual  meeting;  Provided,  That  in  any  school  district  where  the 
schoolhouse  is  located  three-fourths  of  one  mile  or  more  from  the  center  of 
such  district,  such  school  house  site  may  be  changed  to  a  point  nearer  the  cen- 
ter of  the  district  by  a  majority  vote  of  those  present  at  any  such  school 
meeting;  and,  provided,  further,  That  in  any  school  district  containing  more 
than  one  hundred  and  fifty  children  between  the  ages  of  five  and  twenty-one 
years  and  having  a  district  board  of  six  trustees,  the  school  house  site  therein 
may  be  changed  and  the  purchasing  of  a  new  site  directed,  either  or  both,  at 
any  annual  or  special  meeting,  by  a  two-thirds  vote  of  those  present  at  any 
such  meeting. 

When  a  school  district  has  held  open,  notorious,  and  adverse  possession  of  a  certain 
schoolhouse  site  for  a  period  of  ten  years  or  more,  there  is  no  doubt  that  such  site  is  the  legal 
site  of  the  district. 

The  phrase  "designate  a  schoolhouse  site,"  has  reference  to  the  first  location  of  a  school- 
house  site  in  a  newly  organized  district.  The  county  superintendent's  authority  to  deter- 
mine where  such  site  shall  be  established,  when  no  site  can  be  determined  upon  by  the  voters 
of  the  district,  has  reference  also  to  the  first  location  of  a  schoolhouse  site  in  a  newly  organ- 
ized district.  The  county  superintendent  has  no  authority  to  determine  the  schoolhouse 
site  when  it  has  once  been  established.  Neither  is  there  any  authority  for  adjourning  the 
annual  meeting  for  the  purpose  of  changing  the  .site  when  once  established. 

The  literal  and  legal  schoolhouse  site  is  the  place  actually  occupied  by  the  schoolhouse. 
All  distances  relative  to  site  and  transfers  are  measured  from  the  schoolhouse.  Therefore,  a 
moving  of  the  schoolhouse  to  a  different  part  of  the  school  grounds  is  a  change  of  the  site  and 
can  be  done  only  under  the  provisions  of  section  38,  article  2. 

The  "three-fourths  of  a  mile"  mentioned  in  the  proviso  in  this  section  should  be  meas- 
ured on  a  straight  line  joining  the  schoolhouse  and  the  geographical  center  of  the  district. 
Cited  Wilber  vs.  Wooley,  44  Neb.,  739  (62  N.  W.  Reporter,  1095).  Purchase  or  lease.  Neb.,438. 

By  act  of  Congress  (March  3,  1873),  it  was  enacted  that  a  person  occupying  a  home- 
stead or  pre-emption  shall  have  the  right  to  transfer  by  warranty,  against  his  own  acts  any 
part  of  his  homestead  or  pre  eruption  for  a  site  for  a  schoolhouse;  and  this  shall  not  vitiate 
his  title. 

6738  Sec.  39.     When  superintendent  shall  fix  site.— -When  no  site  can 
be  established  by  such  inhabitants  aforesaid,  the  county  superintendent  of 
the  county  in  which  the  district  is  situated  shall  determine  where  such  site 
shall  be,  and  his  determination  shall  be  certified  to  the  director  of  the  district, 
and  shall  be  final,  except  that  such  decision  may  be  changed  by  the  county 
superintendent  on  a  written  .request  of  two-thirds  of  the  qualified  voters  of 
the  district.     • 

6739  Sec.  40.     Purchase  or  lease  of  site  or  school  house — tax. — The 
qualified  voters  shall  also  have  power,  at  any  annual  or  special  meeting,  to 
direct  the  purchasing  or  leasing  of  any  appropriate  site,  and  the  building,  hir- 
ing, or  purchasing  of  a  schoolhouse,  and  the  amount  necessary  to  be  expended 
the  succeeding  year,  and  to  vote  a  tax  on  the  property  of  the  district  for  the 
payment  of  the  same. 

If -a  school  district  fails  to  have  the  lease  for  its  schoolhouse  site  recorded,  and  a  deed 
is  given  to  another  party  for  land  containing  said  site,  the  lease  the  district  has  from  the  first 
9wner  is  no  longer  in  force.  It  is  necessary  to  secure  a  lease  from  the  present  owner  and  have 
it  recorded. 

Contracts  for  the  erection  of  schoolhouses  should  be  made  with  reference  to  funds  on 
hand.  4  Neb.,  360.  The  board  cannot  bind  the  district  by  an  increased  expenditure  beyond 
the  amount  authorized  by  the  district.  10  Neb.,  242.  Cited  32  Id.,  354. 

Building  committee.     45  Neb.,  239. 

Building  contracts.     51   Neb.,  237.  51  Id.,  740. 


THE  NEBRASKA  SCHOOL  LAWS  35 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

6740  Sec.  41.  Estimate  and  levy  for  general  school  purposes. — 
That  trustees  of  each  school  district  within  the  state  of  Nebraska  shall, 
prior  to  the  annual  school  district  meeting  in  each  year,  as  provided  by 
law,  prepare  an  estimate  showing  the  amount  of  money  required  for  the 
maintenance  of  schools  during  the  coming  school  year,  shall  determine  the 
amount  of  money  required  for  school  maintenance  during  the  coming  school 
year,  which  shall  be  an  amount  sufficient  to  maintain  a  school  in  the  manner 
and  for  the  time  provided  in  section  5440  (11545)  of  the  act,  and  the  amount 
of  money  so  required  shall  be  levied  as  a  tax  upon  all  of  the  taxable  prop- 
erty of  the  school  district;  Provided,  That  in  districts  having  four  children 
or  less  of  school  age,  the  amount  levied  shall  not  exceed  the  sum  of  four 
hundred  ($400.00)  dollars  in  any  year;  and  in  districts  having  more  than 
four  and  less  than  sixteen  children  of  school  age,  the  levy  shall  not  exceed 
the  sum  of  fifty  ($50.00)  dollars  per  child  in  addition  to  the  above.  The 
amount  of  money  so  voted  as  being  necessary  for  the  maintenance  of  the 
school  for  the  coming  year  shall  be  certified  by  the  district  school  board 
to  the  county  clerk  of  the  county  in  which  said  school  district  is  located, 
and  said  amount  shall  be  levied  by  the  county  board  on  the  assessed  value 
of  the  school  district,  and  be  collected  as  other  taxes;  Provided,  that  the 
amount  so  levied  shall  not  exceed  in  .any  one  year  three  and  one-half  ($3.50) 
dollars  on  the  one  bundled  dollar  valuation  as  assessed  and  equalized. 

The  district  court  may  issue  an  order  on  the  county  board  to  make  the  necessary  levy 
the  satisfaction  of  a  judgment  against  a  school  district;  and  when  the  taxes  derived  fr 


such  special  levy  are  paid  into  tha  county  treasury  it  is  the  duty  of  the  county  treasurer,  under 
the  direction  of  the  board  of  county  commissioners,  to  pay  the  same -into  court  for  the  satis- 
faction of  said  judgment  claim.  The  district  voters  have  nothing  whatever  to  do  with  this 


claim,  not  should  it  be  paid  out  of  moneys  derived  from  taxes  voted  at  the  annual  meeting. 

The  maximum  levy  for  school  purposes  that  can  legally  be  voted  by  a  school  district 
is  thirty-five  mills  (except  for  the  payment  of  bonds,  and  for  free  high  school  tuition).  Any 
other  construction  would  do  violence  to  the  law  and  extend  the  taxing  powers  of  a  school 
district  beyond  the  limit  therein  prescribed. 

The  annual  meeting  votes  the  tax,  the  county  board  or  clerk  levies  it.  Cited  4  Neb., 
307.  11  Id.,  360.  12  Id.,  255.  9  Id.,  331.  Unauthorized  levy.  19  Id.,  485. 

6741  Sec.    42.    Joint    district — certificate    of    valuation. — It    shall    be 
the  duty  of  the  county  clerk  of  any  county  in  which  a  fractional  part  of  a 
joint  school  district  is  located,  on  or  before  the  15th  day  of  June  of  each 
year,  to  certify  the  assessed  valuation  of  all  taxable  property  of  such  frac- 
tional part  of  said  joint  school  district  to  the  clerk  of  the  county  in  which 
the  school  house  of  said  district  is  located. 

6742  Sec.  43.     Joint  district  levy. — The  county  board  of  the  county 
in  which  is  located  the  school  house  of  any  joint  school  district,  acting  in 
pursuance  of  section  11540  of  Cobbey's  Annotated  Statutes  of  Nebraska  for 
1911,  shall  make  a  levy  for  said  school  district,  as  may  be  necessary,  and  the 
county  clerk  of  said  county  shall  certify  said  levy  on  or  before  September 
1st  in  each  year,  to  the  county  clerk  of  each  county  in  which  is  situated 
any  portion  of  said  joint  school  district. 

6743  Sec.  44.     Tax  for  legal  purposes. — The  legal  voters  may  also, 
at  any  annual  or  special  meeting,  determine  the  number  of  mills,  not  ex- 
ceeding ten  mills  on  the  dollar  of  the  assessed  valuation,  which  shall  be 
expended  for  the  building  or  building  an  addition  thereto,  purchase,  or  lease 
of  school  house,  in  said  district,  when  there  are  no  bonds  voted  for  such 
purpose,  which  amount  shall  be  reported,  levied  and  collected  as  in  the 
preceding  section;  Provided,  that  upon  petition  of  one-fourth  of  the  legal 


36  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

voters  of  such  district  to  the  trustees  at  least  twenty  days  before  time  of 
annual  or  special  meeting,  praying  that  the  question  of  voting  a  tax  to 
create  a  special  fund  for  the  erection  of  a  school  house  in  said  district 
be  submitted  to  the  qualified  voters  at  such  annual  or  special  meeting,  the 
trustees  shall  include  such  question  in  the  posted  notices  of  business  to  be 
considered  at  such  annual  or  special  meeting.  Said  petition  shall  definitely 
state  the  whole  question  to  be  submitted  including  the  sum  desired  to  be 
raised  or  the  amount  of  tax  so  levied,  the  period  of  years  and  the  whole' 
regulation,  including  the  time  of  its  taking  effect  or  having  operation.  And 
if  a  majority  of  the  qualified  voters  at  such  meeting  vote  in  favor  thereof 
the  record  of  the  meeting  shall  be  certified  to  the  county  board,  which 
upon  being  satisfied  that  all  the  requirements  have  been  substantially  com- 
plied with,  shall  cause  the  proceedings  to  be  entered  upon  the  record  of 
the  county  board  and  shall  make  an  order  that  the  levy  be  made  in  accord- 
ance therewith  and  collected  as  other  taxes.  The  provisions  of  sections 
11298,  11299,  11300  and  11301  of  Cobbey's  Annotated  Statutes  for  1907, 
relating  to  special  funds  for  the  erection  of  court  houses  shall  apply  so 
far  as  practicable  to  the  procedure  under  this  act,  the  school  board  of  dis- 
trict trustees  having  power  to  contract  for  the  erection  of  the  proposed 
building  under  the  same  restrictions  as  the  county  board  in  case  of  the 
erection  of  a  court  house  and  any  residue  of  such  tax  going  into  the  school 
district  general  fund;  Provided,  further,  that  the  amount  of  such  special 
tax  so  levied  shall  not  exceed  ten  mills  on  the  dollar  valuation  above  the 
amount  allowed  by  law  for  general  school  purposes,  and  that  the  total 
amount  voted  for  the  period  of  years  shall  not  exceed  ten  per  cent  of  the 
assessed  valuation  of  the  school  district.  Provided,  further,  that  if  a 
majority  of  the  qualified  electors  vote  in  favor  thereof,  the  school  board 
may  at  once  proceed  to  carry  out  the  purpose  of  the  levy  as  provided  in 
the  petition,  and  to  do  so,  are  hereby  authorized  to  issue  warrants,  as 
needed,  not  to  exceed  eighty-five  per  cent  of  the  amount  raised  by  the  levy, 
against  the  fund  voted. 

6744  820.  45.  Same— how  expended. — The  tax  levied  and  collected, 
as  provided  by  the  preceding  section,  shall  be  expended  under  the  direc- 
tion of  the  district  made  at  the  annual  meeting,  or  in  the  absence  of  such 
direction,  then  such  tax  shall  be  expended  as  the  district  board  of  the  dis- 
trict may  direct.  Money  remaining  in  the  treasury  after  the  purpose  for 
which  it  was  raised  has  been  accomplished,  and  after  all  debts  for  which  the 
fund  is  liable  have  been  discharged,  may  be  transferred  to  any  other  fund  of 
the  district,  at  any  district  meeting. 

Certain  sections  of  chapter  79,  Compiled  Statutes,  1895,  entitled  "Schools"  construed 
and  held,  (1)  That  the  electors  of  a  school  district,  and  they  alone  at  their  regular  annual  meet- 
ing, or  at  a  special  meeting  called  for  such  purpose,  have  power  to  direct  the  building  of  a 
schoolhouse;  (2)  that  the  district  board  of  a  school  district  has  no  power  or  authority  of  law 
to  appropriate  the  funds  of  a  school  district  to  the  erection  of  a  srhoolhouse,  unless  first  author- 
ized so  to  do  by  a  vote  of  the  electors  of  such  school  district;  (3)  that  when  a  school  district  owns 
a  schoolhouse  site  and  has  the  money  in  its  treasury  sufficient  to  build  a  schoolhouse,  .which 
money  was  raised  for  that  purpose,  the  electors  of  such  school  district,  at  any  regular  annual 
meeting,  or  at  a  special  meeting  called  for  that  purpose,  may  direct  the  building  of  a  school- 
house  on  the  school  site,  and  thai  such  school  building  be  paid  for  out  of  the  funds  on  hand 
for  that  purpose;  (4)  that  the  ele*  tors  at  such  meeting  may  designate  the  school  board  to  act  as 
the  agent  of  the  district  to  superintend  the  construction  of  su<>h  schoolhouse;  (5)  that  if  no  one 
is  designated  by  the  electors  of  the  school  district  to  superintend  the  construction  of  the  school 
building  directed  to  be  built,  then  the  s.-hool  board  of  such  district  has  authority  to  make  con- 
tracts and  superintend  the  erection  uf  the  school  building  ordered;  (6)  that  the  electors  of  a 
school  district  are  not  obliged  to  select  the  members  of  the  school  board  as  agents  to  superin- 


TUK  >[K1JHASKA  SCHOOL  LAWS  37 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

tend  the  construction  of  a  building  ordered  to  be  built,  but  may  select  such  persons  as  in  their 
judgment,  will  best  subserve  the  interests  of  the  school  district.  45  Neb.,  239. 

Moneys  derived  from  state  funds  and  apportioned  by  county  superintendent,  can  be 
legally  used  for  no  purpose  except  to  pay  teachers'  wages.  School  officers  who  use  any  part 
of  such  funds  for  any  other  purpose  become  personally  responsible  to  the  district  for  the  amount 
thus  used,  and  are  liable  to  be  prosecuted  for  malfeasance  in  office.  As  regards  money  raised 
by  district  tax:  (1)  When  the  district  has  directed  the  manner  in  which  this  tax  shall  be  ex- 
pended, the  officers  are  bound  to  follow  such  direction.  The  fact  that  the  district  afrr  meet 
ing  voted  a  tax  for  a  particular  purpose  is  held  to  be  "direction"  as  regards  the  money  derived 
from  that  specific  part  of  the  tax.  (2)  When  the  district  has  not  specified  any  particulars  in 
voting  the  tax,  nor  directed  the  board  in  any  manner  as  to  the  disbursements  of  the  school 
funds,  then  the  district  officers  may  pay  out  the  funds  as  called  for,  and  at  their  discretion 
(except  the  state  apportionment  as  mentioned  above).  When  montfy  has  been  raised  for  build- 
ing purposes,  or  any  other  specific  purpose,  and  has  not  been  expended,  the  district  at  any 
meeting  may  transfer  such  money  to  any  other  fund.  The  building  fund  cannot  be  legally 
transferred  to  the  teachers'  fund  as  long  as  there  are  debts  due  against  the  district  for  bui Id- 
ing  expenses.  Funds  derived  from  the  state  cannot  be  legally  transferred  from  the  teachers' 
fund  in  any  manner  whatever.  CSee  last  part  of  section  1,  subdivision  XI,  and  last  clause 
of  section  5,  article  VIII,  of  the  constitution). 

The  directon  spoken  of  in  this  section  is  general,  and  not  special;  it  cannot  desrcnd 
to  all  the  details  of  school  management.  Cited  9  Neb.,  331.  19  Id.,  562.  32  Id.,  354. 

6745  Sec.  46.  Time  School  Taught — They  shall  also  deter- 
mine at  each  annual  meeting  the  length  of  time  a  school  shall 
he  taught  in  the  district  in  the  ensuing  year,  which  shall  not  he 
less  than  four  months  by  a  legally  qualified  teacher  in  a  district 
having  less  than  twenty  pupils  of  school  age,  nor  less  than  seven 
months  in  districts  having  between  twenty  and  seventy-five 
pupils  inclusive,  nor  less  than  nine  months  in  districts  having 
more  than  seventy-five  pupils.  They  may  also  determine  and 
instruct  the  distr'ct  officers  as  to  the  different  lengths  of  the 
terms  of  school  and  seasons  of  the  year  in  which  the  same  shall 
be  taught  and  the  district  officers  shall  see  that  school  is  actually 
taught  therein  by  a  licensed  teacher  in  conformity  to  such 
instructions  and  for  not  less  than  the  length  of  time  herein  re- 
quired. No  district  shall  receive  any  portion  of  the  state  funds 
unless  school  shall  have  been  actually  taught  therein  for  the 
length  of  time  required  by  this  act;  provided,  in  case  of  epidemic 
sickness  prevailing  to  such  an  extent  that  the  school  board  in  any 
district  shall  deem  it  advisable  to  close  any  or  all  schools  within 
the  district,  or  if  on  account  of  the  destruction  of  the  school  house 
it  shall  be  impossible  to  continue  the  school,  such  closing  of 
school  shall  not  prevent  it  from  drawing  its  proper  share  of  the 
state  apportionment.  Such  sickness  or  destruction  of  school 
house  shall  be  sworn  to  by  the  district  board  and  the  oath  filed 
with  the  county  superintendent  within  ten  days  after  the  annual 
school  meeting:  Provided,  further,  that  no  district  shall  be  de- 
prived of  its  proportionate  share  of  the  state  school  funds  when  it 
shall  appear  by  the  affidavit  of  the  district  board  to  be  made  and 
filed,  as  aforesaid,  that  the  district  has  in  good  faith  raised  and 
expended  the  maximum  tax  allowed  by  law  and  the  funds  raised 
have  been  insufficient  to  maintain  a  school  for  the  time  herein 
provided.  (Emergency.) 

It  is  not  within  the  authority  of  the  annual  meeting  to  determine  the  wages  to  be  paid 
to  a  teacher;  the  school  board  is  the  proper  authority  to  fix  the  teachers'  wages.  Neither  can 
the  annual  meeting  determine  whether  the  teacher  shall  be  male  or  female. 

The  tliiatis  mentioned  in  section  1 4.  must  be  determined  at  the  annual  meeting,  and  if 
not  Mien  determined  must  be  left  to  the  board. 

The  penalty  which  the  law  inflicts  upon  a  district  for  not  keeping  up  schools  is  the  for 
eiture  of  the  next  year's  apportionment. 


38  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.,  OMAHA. 

The  teacher's  pay  goes  on  while  the  school  is  closed  by  order  of  the  board  so  long  as  he 
holds  himself  in  readiness  to  go  on  with  the  school. 

It  must  be  clear  that  in  consequence  of  such  epidemic  (or  destruction  of  house)  no 
school  could  be  taught,  and  that  the  failure  was  not  caused  by  mere  neglect.  (Maxwell's 
Practice.) 

It  is  the  duty  of  the  county  superintendent  to  see  that  no  district  in  his  county  receives 
credit  for  school  taught  by  one  who  does  not  hold  a  valid  certificate. 

If  a  district,  at  the  annual  meeting,  leave  the  length  of  the  term  of  school  to  the  dis- 
cretion of  the  school  board,  it  can  be  compelled  to  make  good  the  reasonable  contracts  entered 
into  by  the  board. 

6746  Sec.    47.     Sale    of   property. — The    qualified    voters   shall    also, 
at  any  annual  or  special  meeting,  authorize  and  direct  by  a  two-thirds 
vote  the  sale  of  any  schoolhouse,  site,  building,  or  other  property  belonging 
to  the   district  when  the  same  shall  no  longer  be  needed  for  the  use  of 
the  district;  and  when  real  estate  is  sold  the  district  may  convey  the  same  by 
deed,  signed  by  the  moderator  of  the  district,  and  ?uehdeed,  when  acknowl- 
edged  by  such  officer  to  be  the  act  of  the  district,  may  be  recorded  in  the 
office  of  the  recorder  of  deeds  of  the  county  in  which  the  real  estate  is  situated, 
in  like  manner  as  other  deeds. 

A  school  district  board  cannot  legallyrsell  a  schoolhhouse  or  site  without  being  directed 
to  do  so  by  the  legal  voters  at  a  district  meeting.  When  the  district  has  so  authorized  them 
by  a  two-thirds  vote  it  would  seem  proper  for  the  board  to  advertise  and  sell  the  same  to  the 
highest  bidder. 

6747  Sec.  48.     Suits,    districts    interested    in. — They  may    also  give 
such  directions  and  make  such  provisions  as  they  shall  deem  necessary  in 
relation  to  the  prosecution  or  defense  of  any  proceeding  in  which  the  district 
may  be  a  party  or  interested. 

6748  Sec.   49.     Procedure   where   district  fails  to   provide   school. — 
Where  no  levy  is  voted  at  the  annual  school  district  meeting,  or  where  the  dis- 
trict votes  to  have  no  school,  or  where  no  action  is  taken  by  the  annual  meet- 
ing to  provide  for  school,  it  shall  be  the  duty  of  the  county  superintendent  of 
the  proper  county  to  make  and  deliver  to  the  county  clerk  of  such  county  in 
which  any  part  of  the  district  is  situated  not  later  than  the  first  Monday  in 
August  following  the  annual  meeting  an  itemized  estimate  of  the  amounts  nec- 
essary to  be  expended  during  the  ensuing  year  for  school  purposes  in  such 
district.    It  shall  be  the  duty  of  the  county  clerk  to  levy  such  taxes  on  the  tax- 
able property  of  the  district,  to  be  collected  by  the  county  treasurer  at  the  same 
time  and  in  the  same  manner  as  the  state  and  county  taxes  are  collected,  and 
when  collected  to  be  paid  to  the  treasurer  of  the  proper  district  on  the  order 
of  the  director  countersigned  by  the  moderator  of  the  district. 

6749  Sec.  50.     Seven  months  school. — For  the  purpose  of  providing 
at  least  seven  months  school  each  year  in  the  first  eight  grades  for  all 
the  youth  of  this  state  whose  parents  or  guardians  live  in  public  school 
districts  whose  funds  are  not  sufficient  to  maintain  school  for  at  least 
seven  months,  there  shall  be  paid  to  each  district  by  the  state  treasurer 
such  an  amount  as  is  necessary  to  enable  such  district  to  maintain  seven 
months  of  school  with  a  legally  qualified  teacher;  Provided,  that  no  state 
aid  shall  be  given  any  public  school  district  unless  there  has  been  levied  the 
maximum  tax  levy  allowed  by  law  and  until  the  accounts  of  such  district 
are   audited   and   approved  by  the   county  superintendent   of   the   proper, 
county.    And  provided  further,  that  no  district  containing  less  than  twelve 


THE  NEBRASKA  SCHOOL  LAWS  39 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.,  OMAHA 

sections  of  land  shall  receive  any  aid  under  the  provisions  of  this  act. 
And  provided  further,  that  where  a  district  maintains  more  than  one 
separate  rural  school  there  shall  be  paid  to  such  district  for  each  school 
maintained  such  amount  as  is  necessary  to  enable  the  district  to  maintain 
seven  months  of  school  with  a  legally  qualified  teacher  in  each  such  school; 
Provided,  that  no  district  maintaining  more  than  one  rural  school  *hall 
receive  a  share  of  apportionment  for  any  school  maintained  in  and  for  a 
division  of  territory  less  than  twelve  square  miles;  Provided  further,  that 
no  district  formed  after  the  passage  of  this  act,  containing  less  than  twenty 
square  miles  shall  receive  state  aid  under  this  act.  Funds  derived  from  this 
appropriation  can  be  applied  only  in  payment  of  teachers'  warrants  for  the 
current  year.  Provided  further,  that  where  a  district  contains  less  than 
twelve  sections  of  land  and  has  voted  the  maximum  levy  in  accordance 
with  the  statutes,  the  state  superintendent  of  public  instruction  may,  with 
the  consent  and  advice  of  the  county  superintendent,  arrange  for  the 
schooling  of  the  children  in  said  district  for  the  period  of  seven  months 
or  pro  rata  in  accordance  with  section  11551.  Sec.  11551.  If  the  amount 
available  is  not  sufficient  to  pay  the  full  sum  to  which  each  district  is  en- 
titled under  the  provisions  of  this  act,  it  shall  be  divided  pro  rata  among  the 
several  school  districts  entitled  thereto  in  proportion  to  the  amounts  asked 
for  by  the  county  superintendents;  Provided  further,  that  where  topographi- 
cal conditions  make  consolidation  impossible  the  state  superintendent  of 
public  instruction  may  at  his  discretion  award  aid  to  districts  containing 
Less  than  twelve  sections. 

6750  Sec.  51.  State  aid  to  weak  districts. — It  shall  be  the  duty  of  the 
county  superintendent  of  the  proper   county  on  or  before  the  second  Monday 
in  October  of  each  year  to  certify,  under  oath,  to  the  state  superintendent  of 
public  instruction  the  number  of  districts  entitled  to  state  aid  under  the  pro- 
visions of  the  next  preceding  section,  the  amount  each  should  receive  and  such 
other  items  as  may  be  required  by  the  state  superintendent  of  public  instruc- 
tion.     It  shall  be  the  duty  of  the  state  superintendent  of  public  instruction 
on  or  before  the  last  Monday  in  December  of  each  year,  to  certify  the  amounts 
of  state  aid  due  the  several  districts  under  the  provisions  of  the  next  preceding 
and  next  following  sections,  to  the  several  county  superintendents  and  the 
amounts  due  the  several  counties  to  the  state  auditor,  who  shall  draw  warrants 
on  the  state  treasurer  in  favor  of  the  various  counties  for  the  sums  so  specified 
by  the  state  superintendent  of  public  instruction.     The  state  treasurer  shall 
remit  said  amounts  to  the  county  treasurer  of  the  several  counties  who  shall 
place  it  to  the  credit  of  the  proper  districts  of  their  counties  in  accordance 
with  the  instructions  of  the  state  superintendent  as  certified  to  by  the  county 
superintendents  thereof. 

6751  Sec.  52.     Superintendent  apportion  to  several  districts— how.— 
To  determine  the  amount  to  be  apportioned  to  each  district,  the  county 
superintendent  shall  find  the  estimated  expenditures  of  the  district  for  the 
current  year  and  subtract  therefrom  the  estimated  income  of  that  district 
from  all  sources  for  the  same  year.    The  estimated  income  for  the  current 
year  shall  be  the  sum  of  all  moneys  belonging  to  the  district  on  hand  in 
the  district  and  county  treasuries,  plus  the  maximum  amount  that  can  be 


40  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARLTETT  CO..  OMAHA. 

raised  by  taxation,  plus  the  estimated  apportionment  of  state  school  funds. 
If  said  district  will  not  receive  any  apportionment  of  money  from  the  state 
school  fund,  then  said  apportionment  shall  not  be  considered  in  estimating 
the  income  for  the  current  year.  The  estimated  expenditures  for  the  current 
year  shall  be  the  amount  necessary  to  maintain  the  school  seven  months,  said 
estimate  not  to  exceed  three  hundred  and  eighty-five  ($385)  dollars. 


ARTICLE  III. 


DISTRICT  OFFICERS. 


SECTION 

67f>2.  Election. 

6753.  New  District. 

{5754.  Acceptance  within  ten  clays. 

6755.  District  deemed  organized — when. 

6756.  Failure  to  organize. 

6757.  When  appointed  by  superintendent. 


SECTION 

(jToS.     Organization  in  such  case. 
6759.     Organizaiou  presumed. 
6700.     Vacancy. 

6761.  Officer  not  be  employed  as  teacher 

exception. 

6762.  Disputed  accounts. 


6752  Sec.    53.     Election.— The    qualified    voters    of    every    now    dis- 
trict,  when  assembled  pursuant   to  legal  notice,   and  all  existing  districts 
at  their  annual  meetings,  shall  elect  by  ballot,  from  the  qualified   voters 
of  such  district,  a  moderator  for  three  years,  a  director  for  two  years,  and  a 
treasurer  for  one  year;  and  at  the  expiration  of  their  respective  terms  of 
office,  and  regularly  thereafter,  their  several  successors    shall  be  elected  for 
the  term  of  three  years  each,  and  all  officers  so  elected  shall  hold  their  offices 
until  their  successors  are    elected  or  appointed  and   qualified;     Provided, 
officers  of  existing  organized  districts  shall  continue  and  discharge  the  duties 
of  their  several  offices  until  the  expiration  of  the  same. 

One  who  is  not  a  resident  of  a  school  district  is  not  eligible  to  any  district  office  therein. 
All  the  qualifications  necessary  for  a  school  district  officer  is  that  he  be  a  legal  voter  in  the 
B'-hool  district. 

In  case  a  person  assumes  under  color  of  right,  a  school  district  office,  and  performs 
the  duties  of  such  office,  being  permitted  by  the  district  in  the  discharge  of  such  duties,  he  is 
a  de  facto  officer  so  long  as  he  is  permitted  to  act  in  that  capacity,  and  his  acts  as  such  officer 
are  binding  upon  the  district. 

Section  53,  article  3,  of  the  School  Laws  provides  that  school  district  officers  shall 
be  elected  by  ballot.  However,  in  case,  by  the  proper  motion  being  carried,  the  secretary 
or  clerk  is  instructed  to  cast  the  ballot  of  the  meeting  for  an  officer,  it  would  be  construed  to 
be  an  election  by  ballot  within  the  meaning  of  the  section  just  referred  to. 

A  plurality  vote  elects,  that  is,  the  one  receiving  the  highest  number  of  votes  cast  is 
elected. 

The  school  law  makes  no  provision  for  casting  lots  in  case  of  a  tie  vote  on  member  of 
a  school  board,  and  it  is  not  a  legal  process  of  selecting  an  officer.  Another  ballot  should 
be  taken. 

Where  a  district  officer  is  elected  by  acclamation  for  the  full  term  at  the  annual  meet- 
ing and  has  performed  the  duties  of  his  office  for  a  time  extending  beyond  the  next  annual 
election,  he  is  entitled  to  the  office  the  full  term  for  which  he  was  elected. 

District  officers  must  be  elected  by  ballot.  No  authority  to  adjourn  annual  meeting 
for  the  election  of  officers.  15  Neb.,  444. 

6753  Sec.    54.     New    district. — When    a    new    district     is     organized 
and  the  officers  elected  at  any  other  time  than  at  the  annual  meeting,  the 


T11K  NEBRASKA  SCHOOL  LAWS  41 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

time  intervening  between  the  date  of  organization  and  the  beginning 
of  the  next  school  year  shall  constitute  the  first  year  in  the  term  of  such 
officers. 

6754  Sec.  55.     Acceptance  within  ten  days. — Within  ten  days— after- 
their  election, -these  several  officers  shall  file  with  the  director  a  written  accept- 
ance of  the  offices  to  which  they  shall  have  been  respectively  elected,   which 
shall  be  recorded  by  the  director. 

In  a  primary  (common)  school  district  the  failure  of  an  officer-elect  to  file  his  accept- 
ance within  ten  days  after  the  annual  meeting  does  not  forfeit  his  office.  His  entrance  upon 
the  discharge  of  the  duties  of  the  office  is  sufficient.  The  filing  of  a  bond  by  the  treasurer- 
elect  is  held  to  be  sufficient  acceptance. 

It  is  not  necessary  that  the  directorof  a  primary  (common)  school  district  take  the  oath 
of  office.  Hia  filing  an  acceptance  and  assuming  the  duties  of  the  office  are  all  the  necessary 
steps. 

When  a  person  elected  to  a  school  district  fails  to  qualify,  the  old  officer  holds  over 
till  his  successor  is  elected  or  appointed  and  qualified,  unless  the  old  officer  holds  his  office  by 
appointment.  In  such  case  there  is  a  vacancy  and  the  vacancy  may  be  filled  by  appoint- 
ment of  the  board,  or  at  an  election  at  a  special  meeting  called  for  that  purpose. 

When  a  district  voter  is  legally  elected  at  an  annual  meeting  to  a  school  district  office,  and 
files  his  acceptance  within  ten  days  after  such  election,  he  is  entitled  to  possession  of  the  books 
and  papers  belonging  to  such  office  on  the  second  Monday  of  July  following  his  election;  and 
any  dispute  that  may  arise  between  him  and  his  predecessor  is  no  ground  for  the  remain- 
ing members  of  the  board  to  declare  the  office  vacant.  It  is  the  duty  of  the  outgoing  officer 
to  turn  over  to  his  successor  the  official  papers,  records,  etc.,  pertaining  to  his  office. 

The  newly  elected  director  should  file  his  acceptance  with  his  predecessor,  or,  if  he  had 
none,  it  should  be  written  out  and  kept  with  the  papers  in  his  office. 

An  officer  elected  or  appointed  should  not  fail  to  file  a  written  acceptance  with  the 
director;  a  verbal  acceptance  is  not  enough,  but  it  is  heid  that  the  entrance  upon  And  the  dis- 
charge of  the  duties  of  the  office  is  a  sufficient  acceptance.  The  filing  of  his  bond  by  the  treas- 
urer-elect is  held  to  be  the  same  in  effect  as  a  formal  written  acceptance.  See  30  Neb.,  360. 

6755  Sec.  56.     District  deemed  organized — when. — Every  such  school 
district  shall  be  deemed  duly  organized  when  any  two  of  the  officers,   elected 
at  the  first  meeting,  shall  have  filed  their  acceptance  as  aforesaid. 

In  organizing  a  new  district,  great  care  should  be  taken  to  have  all  the  steps  legal,  and 
to  preserve  full,  clear,  and  accurate  record  of  all  the  proceedings,  since,  during  the  first  year 
after  the  district  is  organized,  any  charge  of  illegality  in  its  formation  must  be  met  by  refer- 
ence to  the  records  of  its  organization,  and  by  section  8,  article  1,  such  records  are  made 
prima  facie  evidence  of  the  facts  therein  set  forth.  But  after  a  district  has  been  transacting 
regular  business  for  a  year,  according  to  section  60,  article  3  it  is  then  held  to  be  a  legal  district. 

6756  Sec.  57.     Failure  to  organize. — In  case  the  inhabitants  of  any  dis- 
trict shall  fail  to  organize  the' same,  in  pursuance  of  such  notice  as  aforesaid, 
the  said  county  superintendent  shall  give  a  new  notice  in  the  manner  herein- 
before provided,  and  the  same  proceeding  shall  be  had  thereon  as  if  no   pre- 
vious notice  had  been  delivered. 

6757  Sec.  58.     When  appointed  by  county  superintendent.— In  all  cases 
where  the  county  superintendent  of  any  county  shall  form  a  school  district 
therein,  and  where  no  election  for  school  district  officers  shall  be  held  therein, 
it  shall  be  the  duty  of  the  county  superintendent  of  the  county  in  which  such 
district  is  situated  to  appoint  the  officers  of  such  district  from  the  legal  voters 
thereof,  which  officers  thus  appointed  shall  severally  file  with  the  director  a 
written  acceptance  of  the  offices  to  which  they  shall  have  been  appointed, 
which  shall  be  recorded  by  the  director. 

Where  a  tie  vote  occurs  in  the  election  of  a  school  district  officer,  it  is  not  within  the 
province  of  the  county  superintendent  to  appoint  an  officer. 

An  outgoing  officer  is  not  competent  to  assist  in  appointing  his  successor,  It  a  vacancy 
exists  in  the  office  the  old  officer  is  no  longer  competent  to  act  on  behalf  of  the  district,  and 
such  vacancy  can  be  filled  by  appointment  or  election. 

6758  Sec.  59.     Organization  in  such  case. — Every  such  school  district, 
shall  be  deemed  duly  organized  whenever  any  two  of  the  officers  thus  appointed 


42 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.    OMAHA. 


shall  have  filed  their  acceptance  as  aforesaid,  and  such  school  district  and 
its  officers  shall  be  entitled  to  all  the  rights,  privileges,  and  immunities,  and 
be  subject  to  all  the  duties  and  liabilities  conferred  upon  school  districts  by 
law. 

6759  Sec.  60.     Organization       presumed. — Every        school       district 
shall,  in  all  cases,  be  presumed  to  have  been  legally  organized    when    it 
shall  have  exercised  the  franchises  and  privileges  of  a  district  for  the  term  of 
one  year. 

6760  Sec.    61.     Vacancy. — District   officers   appointed   to   fill    vacan- 
cies shall  hold  their  office  until  the  beginning  of  the  next  school  year.     Offi- 
cers elected  at  a  special  meeting  shall  serve  for  the  remainder  of  the  unexpired 
term,  and  until  their  successors  are  elected  and  qualified. 

6761  Sec.  62.     Officer  not  be  employed  as   teacher — exception. — No 
person  holding  a  school  district  office  shall  be  employed  to  teach  in  the  district 
of  which  he  is  an  officer,  unless  upon  a  petition  signed  by  two-thirds  of  the 
legal  voters  of  the  district,  which  petition  shall  be  filed  with  the  papers  of  the 
district.    The  contract  of  such  officer  shall  be  made  by  the  other  members  of 
the  district  board. 

6762  Sec.  63.     Disputed  accounts. — Whenever    a  director  or  moder- 
ator refuses  to  sign  orders  on  the  treasurer,  or  the  treasurer  thinks  it   best 
to  refuse  the  payment  of  orders  drawn  upon  him,  the  difficulty  shall    be 
referred  for  adjudication  to  the  county  superintendent,  who  shall  proceed  at 
once  to  investigate  the  matter,  and  if  he  finds  that  the  officer  complained  of 
refuses  through  contumacy  or  for  insufficient  reasons,  it  shall  be  the  duty  of 
the  superintendent,  on  behalf  of  the  district,  to  apply  to  the  proper  court  for 
a  writ  of  mandamus  to  compel  the  officer  to  perform  his  duty. 

This,  however,  will  not  prevent  a  party  in  a  proper  case  from  bringing  an  action  in  hit 
own  name.     Cited  19  Neb.,  565;  32  Id.,  354;  35  Id.,  655. 


ARTICLE  IV. 


POWERS   AND    DUTIES   OF   DISTRICT    OFFICERS. 


SECTION 

6763.  Moderator — powers  of. 

6764.  Disorderly  conduct  at  meetings. 

6765.  Same — penalty. 

6766.  Treasurer — bond. 

6767.  Same — money  received  and  disbursed. 

6768.  Same — cash  book  and  report. 

6769.  Same — appear  in  action  for  district. 

6770.  Additional  bond — when. 

6771.  Director. 


SECTION 

6772.  Shall  keep  record. 

6773.  Hiring  teachers — how  governed. 

6774.  Census — when  taken. 

6775.  Care  of  buildings. 

6776.  Estimate  of  expenses  and  report. 

6777.  Post  notices. 

6778.  Orders  on  treasurer. 

6779.  Annual  report. 

6780.  Statement — valuation — taxes. 


6763  Sec.  64.  Moderator — powers  of. — The  moderator  shall  have 
power,  and  it  shall  be  his  duty  to  preside  at  all  meetings  of  the  district,  to 
countersign  all  orders  upon  the  treasurer  for  money  to  be  disbursed  by  the 


THE  NEBRASKA  SCHOOL  LAWS  43 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

district  and  all  warrants  of  the  director  on  the  county  treasury  for  moneys 
raised  for  district  purposes  or  apportioned  to  the  district  by  the  county  super- 
intendent, to  administer  the  oath  to  the  director  and  treasurer  of  the  district 
of  which  he  is  moderator  when  such  an  oath  shall  be  required  by  law  in  the 
transaction  of  the  business  of  the  district,  and  to  perform  such  other-duties 
as  may  be  required  of  him  by  law.  If  the  moderator  be  absent  from  any  dis- 
trict meeting  the  qualified  voters  present  may  elect  a  suitable  person  to  pre- 
ide  at  the  meeting. 

The  moderator  has  a  right  to  vote  at  school  district  meetings  on  all  questions  pertain- 
ing to  school  matters.  In  case  of  a  tie  vote,  however,  he  could  not  cast  a  second  vote  to  break 
the  tie. 

A  moderator  of  a  school  district  is  not  required  to  take  an  oath  of  office.    30  Neb.,  360. 

When  a  person  elected  to  the  office  of  moderator  of  a  school  district  fails  to  file  with 
the  director  of  the  district  his  written  acceptance  of  the  office,  but  immediately  after  his  elec- 
tion enters  upon  the  discharge  of  his  official  duties,  by  presiding  at  school  district  meetings, 
countersigning  school  orders  and  performing  all  other  duties  required  by  law  of  such  officer, 
without  objection  from  anyone,  for  more  than  a  year,  held,  that  the  failure  to  file  a  written  ac- 
ceptance did  not  forfiet  his  title  to  the  office.  30  Neb.,  360. 

One  B.,  moderator  of  a  school  district,  refused  to  sign  a  report  to  the  county  clerk  of 
the  lawful  taxes  voted  by  his  district  at  the  annual  meeting.  Held,  that  it  being  a  duty  en- 
oined  by  law,  he  would  be  compelled  by  mandamus  to  sign  the  same.  11  Neb.,  359. 

A  moderator  refused  to  sign  an  order  properly  drawn  upon  the  treasurer  and  the  mat- 
ter was  submitted  for  adjudication  to  the  county  superintendent,  who,  after  investigation, 
found  that  the  officer  refused  to  sign  the  order  for  insufficient  reasons.  Held,  that  under  the 
statute  the  county  superintendent  had  the  right,  on  behalf  of  the  district  to  apply  to  the  proper 
court  for  a  writ  of  mandamus  to  compel  the  officer  to  perform  his  duty.  35  Neb.,  655. 

When  the  moderator  refuses  to  sign  orders  legally  issued  by  the  director,  he  can  be  com- 
pelled to  do  so  by  mandamus.  (See  section  63,  article  3.) 

When  the  moderator  is  absent  from  a  district  meeting,  one  should  be  appointed.  The 
director  is  clerk  of  the  meeting,  and  has  no  right  to  preside  in  the  absence  of  the  moderator. 

6764  Sec.  65.    Disorderly  conduct  at  meetings. — If  at  any  district  meet- 
ing any  person  shall  conduct  himself  or  herself  in  a  disorderly  manner,    and 
after  notice  of  the  moderator  or  person  presiding,  shall  persist   therein,  the 
moderator  or  person  presiding  may  order  him  or  her  to  withdraw  from  the 
meeting,  and  on  his  or  her  refusal,  may  order  any  constable,  or  any   other 
person  or  persons  to  take  him  or  her  into  custody  until  the  meeting  shall  be 
adjourned. 

6765  Sec.    66.     Same — penalty. — Any    person    or   persons    who    shall 
refuse  to  withdraw  from  such  meeting  on  being  so  ordered  as    provided 
in  the  preceding  section  or  who  shall  wilfully  disturb  such  meeting   shall, 
on  conviction  thereof,  be  fined  a  sum  not  exceeding  twenty  dollars. 

For  penalty  for  disturbing  any  school,  society,  or  meeting  convened  for  improvement 
in  music,  letters,  or  for  social  improvement,  see  Criminal  Code,  Annotated  Statutes. 

6766  Sec.    67.     Treasurer — bond. — The    treasurer    of    each     district 
shall  within  ten  days  after  the  election,  execute  to  the  county  and  file  with 
the  director  a  bond  of  not  less  than  five  hundred  dollars  in  any  instance,  nor 
less  than  double  the  amount  of  money  as  near  as  can  be  ascertained,  to  come 
into  his  hands  as  treasurer  and  at  any  one  time,  with  sufficient  sureties,  to  be 
approved  by  the  director  and  moderator,  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  office;  such  bond  when  approved  shall  be  filed  by 
the  director  in  the  office  of  the  county  clerk  of  the  county  wherein  the  school 
district  is  situated;  and  if  the  treasurer  shall  fail  to  execute  such  bond,  his 
office  shall  be  declared  vacant  by  the  district  board  and  the  board  shall  im- 
mediately appoint  a  treasurer,  who  shall  be  subject  to  the  same  conditions  and 
possess  the  same  powers  as  if  elected  to  that  office. 

In  case  a  district  treasurer-elect  fails  to  file  a  bond  within  the  prescribed  time,  the  old 


44  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  a  BARTLETT  CO.    OMAHA 

treasurer  hokls  over,  if  elrrfed  to  the  olHce;  and  he  has  twenty  days  after  the  annual  meet- 
ing in  which  to  file  a  new  bund. 

Moneys  in  the  treasury  must  be  used  for  the  purpose  of  paying  outstanding  warrants, 
and  the  treasurer  is  liable  under  his  bond  if  he  uses  money  for  any  other  purpose  as  long  as 
there  are  warrants  outstanding  against  the  fund. 

The  director  and  moderator  should  not  become  surety  upon  the  treasurer's  bond  for 
the  reason  that  they  are  the  officers  whose  duty  it  is  to  approve  such  boad;  but  after  having 
signed  the  bond  they  would  be  estopped  from  denying  the  validity  of  the  same,  and  would 
doubtless  be  held  liable  thereon  in  the  event  of  the  defalcation  of  the  treasurer. 

It  is  not  within  the  power  of  the  treasurer  of  a  school  district  by  a  general  deposit 
of  funds  held  by  virtue  of  his  office  to  create  between  such  district  and  his  banker  the  rela- 
tion of  debtor  and  creditor.  A  banker  by  receiving  on  deposit  from  a  school  district  treasurer 
funds  known  to  be  held  by  the  latter  in  his  official  capacity  becomes  thereby  a  trustee  for  the 
beneficial  owner  with  respect  to  such  funds,  and  the  same  may,  upon  his  insolvency,  be  re 
covered  by  the  owner  as  a  preferred  claim  against  his  estate.  52  Neb.,  1. 

The  other  members  of  the  board  should  not  be  sureties  on  the  treasurer's  boad.  The 
treasurer  should  not  be  allowed  to  draw  money  from  the  county  treasury  until  his  bond  has 
been  filed  and  approved;  and  the  individual  members  of  the  board  authorizing  such  draft, 
in  the  absence  of  the  necessary  bond,  would  be  liable  to  the  district  for  any  loss  resulting 
therefrom. 

A  school  treasurer  may  hoM  other  offices,  county  or  precinct.  When  a  board  allows 
a  treasurer,  whose  bond  has  not  be'en  approved,  to  handle  public  funds,  the  members  of  the 
board  become  individually  liable  for  any  loss  that  may  occur.  District  treasurers  are  reminded 
that  to  use  or  lend  any  part  of  the  public  money  in  their  hands  is  an  offense  which,  if  proven 
against  them,  renders  them  liable  to  fine  and  imprisonment.  (See  Annotated  Statutes.) 
The  treasurer  must  file  his  bond  with  the  director,  and  the  director  must  file  it  with  the  countv 
clerk.  The  director  should  keep  a  record  of  both  filings.  A  district  treasurer  elected  to  suc- 
ceed himself  must  file  a  new  bond.  52  Neb.,  1. 

6767  Sec.  68.     Same — money  received  and  disbursed. — It  shall  be  the 
duty  of  the  treasurer  of  each  district  to  apply  for  and  receive  from  the  county 
treasurer  all  school  moneys  apportioned  to  the  district  or  collected  for   the 
same  by  the  county  treasurer,  upon  order  of  the  director,    countersigned  by 
the  moderator,  and  to  pay  over  on  the  order  of  the  director,  countersigned  by 
the  moderator  of  such  district,  all  moneys  received  by  him. 

The  statute  as  well  as  the  supreme  court  recognizes  the  district  treasurer  as  the  legal 
and  proper  custodian  of  the  funds  for  his  district,  provided,  of  course,  the  said  treasurer  has 
furnished  bonds  as  provided  in  sections  67  and  71  article  4,  School  Laws.  A  district  treas- 
urer who  has  complied  with  these  provisions  could  apply  to  the  district  court  for  a  writ  of 
mandamus  to  compel  director  and  moderator  to  issue  warrants  on  the  county  treasurer  in 
his  behalf  for  the  funds  belonging  to  his  district. 

The  law  does  not  contemplate  that  the  treasurer  shall  pay  any  bills  out  of  moneys  be- 
longing to  the  district  except  through  the  regular  channels:  viz.,  on  orders  drawn  by  the  direc- 
tor and  countersigned  by  the  moderator. 

If  the  treasurer  refuse  contumacy  or  for  insufficient  reasons  to  pay  the  orders  legally 
drawn  upon  the  district,  it  shall  be  the  duty  of  the  county  superintendent  on  behalf  of  the 
district  to  apply  to  the  proper  court  for  a  writ  of  mandamus  to  compel  the  officer  to  perform 
his  duty. 

A  writ  of  mandamus  cannot  issue  to  the  treasurer  of  a  school  district  requiring  the  pay- 
ment by  him  of  an  order  payable  by  its  terms  at  a  fixed  time  in  the  future  and  in  the  meantime 
drawing  interest  at  arate  per  centum  defined  by  the  terms  of  the  order  itself.  39  Neb.,  570. 

It  is  not  within  the  authority  of  the  voters  at  the  annual  meeting  to  release  a  treasurer 
from  being  responsible  for  moneys  paid  out  illegally  or  lost  by  him. 

This  money  may  be  drawn  from  the  county  treasury  at  any  time. 

It  is  the  right  and  duty  of  the  district  treasurer  to  draw  and  hold  funds  collected  by  the 
county  treasurer  to  the  credit  of  the  district.  22  Neb.,  52. 

School  district  funds  can  be  paid  out  legally  only  on  the  order  of  the  director,  coun- 
tersigned by  the  moderator. 

The  county  treasurer  has  no  right  to  receive  orders  drawn  by  the  director  in  favor  of 
any  one,  but  the  district  treasurer,  who  is  the  only  person  authorized  to  receive  district  money 
from  the  county  treasurer,  and  he  should  pay  no  order  until  countersigned  by  the  moderator. 
1 1  Neb.,  283.  ' 

A  school  district  has  no  authority  to  release  its  treasurer  from  liability  for  money  lost 
or  misapplied  by  him.  10  Neb.,  296.  Cited  19  Id.,  494,  565. 

6768  Sec.  69.     Same — Cash  book  and  report. — The  treasurer  shall  keep 
a  book  furnished  by  the  district,  in  which  he  shall  enter  all  the  moneys  received 
and  disbursed  by  him,  specifying  particularly  the  source  from  which    money 
has  been  received,  and  to  what  fund  it  belongs,  and  the  person  or  persons  to 


THE  NEBRASKA  SCHOOL  LAWS  4.r, 

COMPILED  BY  KLOPP  &  BARTLETT  CO.  OMAHA. 

whom,  and  the  object  for  which  the  same  has  been  paid  out.  He  shall  pre- 
sent to  the  district,  at  each  annual  meeting,  a  report  in  writing,  containing  a 
statement  of  all  moneys  received  by  him  during  the  preceding  year  and  of 
the  disbursements  made  by  him,  with  the  items  of  such  disbursements,  and 
exhibit  the  vouchers  therefor,  and  at  the  close  of  the  term  of  his  office  sli all 
settle  with  the  district  board,  and  shall  hand  over  to  his  successor  said  books 
and  all  receipts,  vouchers,  orders,  and  papers  coming  into  hia  hands  as  treas- 
urer of  the  district,  together  with  all  moneys  remaining  in  his  hands  as  such 
treasurer. 

The  district  treasurer  should  settle  with  the  district  at  the  annual  meeting,  and  the 
terms  and  items  of  this  settlement  should  be  recorded  in  full. 

6769  Sec.  70.     Same — appear  in  action  for  district. — It  shall  also  be  the 
duty  of  the  treasurer  to  appear  for  and  on  behalf  of  the  district  in  all  suits 
brought  by  or  against  the  same,  whenever  no  other  directions  shall  be  given 
by  the  qualified  voters  in  the  district  meeting,  except  in  suits  in  which  he  is 
interested  adversely  to  the  district;  and  in  all  such  cases  the  director  shall 
appear  for  such  district,  if  no  other  directions  shall  be  given  as  aforesaid. 

Action  on  a  demand  balonging  to  the  district  must  be  brought  in  the  name  of  the  dis- 
trict 11  Neb  ,  283.  When  the  action  is  not  brought  by  the  treasurer  the  petition  should 
state  the  cause.  10  Neb.,  268.  Cited  12  Id.,  241. 

6770  Sec.  71.     Additional   bond — when. — Whenever   by  the  failure  of 
his  sureties,  or  otherwise,  the  official  bond  of  the  district  treasurer  becomes,  in 
the  opinion  of  the  other  members  of  the  board,  insufficient  to  protect  the  dis- 
trict from  loss,  it  shall  be  the  duty  of  the  director  and  moderator  to  demand 
additional  security  or  a  new  bond  of  the  treasurer.  If  the  treasurer  refuse  or  neg- 
lect to  procure  a  satisfactory  bond  and  present  it  to  the  other  members  for 
approval     within    ten    days    after    demand,    the   moderator   and    director 
may  declare  his  office  vacant,  and  proceed  to  call  a  district  meeting  to  elect 
a    new    treasurer    to    fill  the   unexpired  term;    Provided,    Nothing  in  this 
section  shall  be  construed  to  interfere  with  the  liabilities  of  principals  and 
sureties  in  such  bond  or  the   rights  of  sureties  as  defined  by  law   regulating 
official  bonds. 

The  duties  devolved  upon  the  members  of  the  school  district  board,  or  upon  the  moder- 
ator and  director,  by  section  71,  article  4,  can  only  be  performed  by  those  two  officers  acting  in 
conjunction.  Any  attempt  on  the  part  of  either  of  them  to  perform  such  duties  alone  and  without 
the  joint  action  of  the  other,  is  ineffective  and  void.  22  Neb.,  48. 

Collection  of  taxes  for  payment  of  loss  of  funds  in  insolvent  bank.     51  Neb.,  762. 

6771  Sec.    72.     Director. — The    director    shall    be    clerk    of    the    dis- 
trict board  and  of  all  district  meetings  when  present,  but  if  he  shall    not 
be  present,  the  qualified  voters  may  appoint  a  clerk  for  the  time  being,  who 
shall  certify  the  proceedings  to  the  director  to  be  recorded  by  him. 

6772  Sec.  73.     Shall  keep  record. — The  director  shall  record  all    pro- 
ceedings of  the  district  in  a  book  furnished  by  the  district,  to  be  kept  for 
that  purpose,  and  preserve  copies  of  all  reports  made  to  the  county  superin- 
tendent, and  safely  preserve  and  keep  all  books  and  papers  belonging  to  his 
office. 

It  is  to  this  record  alone  that  resort  must  be  had  to  ascertain  what  the  district  has  done, 
what  taxes  it  has  voted,  etc.  4  Neb.,  307. 


46  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  »  BARTLETT  CO.,  OMAHA. 

6773  Sec.  74.  Hiring  Teachers — How  Governed. — The  direc- 
tor, with  the  consent  and  advice  of  the  moderator  and  treasurer 
or  one  of  them,  or  under  their  direction,  if  he  shall  not  concur, 
shall  contract  with  and  hire  qualified  teachers  for  and  in  the  name 
of  the  district,  which  contract  shall  be  in  writing  and  shall  have 
the  consent  of  the  moderator  and  treasurer,  or  one  of  them, 
endorsed  thereon  and  shall  specify  the  wages  per  week  or  month 
as  agreed  by  the  parties,  and  a  duplicate  thereof  shall  be  filed  in 
his  office:  Provided,  if  the  director  shall  refuse  to  make  and  sign 
such  contract,  when  directed  so  to  do  by  the  moderator  and 
treasurer,  then  it  may  be  made  and  signed  by  the  moderator  and 
treasurer.  The  director  shall  notify  the  county  superintendent, 
at  the  time  the  contract  is  made,  of  the  length  of  the  proposed 
term  of  school,  when  the  school  will  begin  and  of  the  name  of 
the  teacher.  No  money  belonging  to  the  district  shall  be  paid 
for  teaching  to  any  but  legally  qualified  teachers,  nor  shall  any 
school  board  pay  out  money  belonging  to  the  school  district 
to  any  teacher  after  such  board  has  received  a  sworn  statement 
by  a  school  board  that  the  services  of  the  teacher  in  question  are 
under  previous  contract  to  said  board.  Provided  further,  a  con- 
tract made  before  the  annual  meeting,  in  order  to  be  legal,  must 
be  signed  by  two  members  whose  terms  of  office  do  not  expire 
with  the  school  year  in  which  such  contract  is  made:  Provided 
further,  no  such  contract  with  a  teacher  shall  be  valid  unless 
agreed  to  either  by  all  members  of  the  district  board  or  by  two 
members  of  such  board  who  are  not  related  to  the  fourth  degree 
to  such  teacher  and  whose  terms  of  office  extend  beyond  the  date 
of  the  term  of  school  contracted  for. 

*(a)  It  is  the  duty  of  the  director  to  contract  with  the  teacher  when  so  authorized  by 
the  moderator  and  treasurer,  but  should  he  refuse  to  make  such  contract,  then  it  would  be 
within  the  authority  of  the  moderator  and  treasurer  to  make  the  contract.  The  moderator 
and  treasurer  have  no  authority  to  make  such  contract  until  they  have  given  the  director  an 
opportunity  to  make  it. 

The  director  of  a  school  district  cannot  legally  delegate  to  his  wife,  or  to  any  other  per- 
son, the  power  to  act  in  his  stead  in  contracting  with  a  teacher.  However,  if  such  director 
should,  in  concurrence  with  one  or  more  members  of  the  district  board,  employ  a  teacher  and 
agree  upon  the  terms  of  the  contract,  he  might  instruct  his  wife,  or  other  third  person  to  draw 
up  the  instrument  in  accordance  with  such  agreement  and  sign  his  name  thereto;  then  it  would 
be  his  contract. 

The  statute  specially  authorizes  tke  director  of  a  school  district  to  employ  teachers 
either  with  the  assent  of  the  moderator  and  treasurer,  or  one  of  them,  or  by  their  direction  if 
if  he  shall  not  concur.  A  contract  with  a  teacher,  therefore,  entered  into  on  behalf  of  the  dis- 
trict by  the  director  and  treasurer,  without  the  assent  of,  or  notice  to  the  moderator  is  valid. 
Russel  vs.  State,  ex  rel,  Armour,  13  Neb.,  68,  12  N.  W.,  829.) 

Citations.— Martin  vs.  State,  23  Neb.,  384,  36  N.  W.,  554;  Montgomery  vs.  State,  35 
Neb.,  659.  53  N.  W.,  568;  State  vs.  Smith,  57  Neb.,  48,  77  N.  W.t  384. 

"No  contract  with  a  teacher  shall  be  valid  unless  agreed  to  either  by  all  the  members 
of  the  district  board  or  by  two  members  of  such  board  who  are  not  related  to  the  fourth  de- 
gree to  such  teacher  and  whose  terms  of  office  extend  beyond  the  date  of  the  term  of  school 
contracted  for."  In  regard  to  a  relative  hiring  a  relative,  the  law  applies  to  questions  of  con- 
sanguinity, and  not  to  marital  relationship. 

The  director  and  one  other  member  of  the  board  may  contract  with  a  teacher  without 
notifying  the  third  member,  but  a  contract  made  by  the  other  members  of  the  board  without 
first  giving  the  director  an  opportunity  to  make  the  contract  would  be  void.  They  may  make 
a  valid  contract,  however,  if  the  director  refuses  to  do  so. 

The  district,  at  the  annual  meeting,  may  determine  whether  a  summer  or  winter  school 
shall  be  taught  (see  section  46  article  2),  but  it  is  the  business  of  the  board  to  choose 
the  teacher,  and  the  director  should  make  the  formal  contract  with  the  person  so  chosen.  If 

•Decisions  which  apply  only  to  rural  and  village  schools 


THE  NEBRASKA  SCHOOL  LAWS  47 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

the  director  refuses  to  make  the  contract  it  may  be  made  by  the  other  two  members  of  the 

A  school  board  may  direct  the  school  to  be  closed  on  Thanksgiving,  the  Fourth  of  July, 
or  similar  occasions,  and  not  require  the  teacher  to  make  up  the  time. 

The  school  board  is  the  proper  party  to  fix  the  wages  of  teachers — the  district  meeting 
cannot  do  it. 

Unless  a  teacher  agrees  on  his  contract  to  build  fires  and  sweep  the  schoolhouse,  he  can 
not  be  compelled  to  do  so. 

A  district  board  cannot  make  a  legal  contract — one  that  will  bind  the  disTHcf"— with 
a  teacher  who  does  not  hold  a  valid  certificate,  and  members  of  the  board  will  be  personally 
liable  to  the  district  for  money  paid  to  a  teacher  who  is  not  legally  qualified.  13  Neb.,  52. 

A  teacher  is  legally  qualified  to  teach  in  a  joint  district,  who  holds  a  certificate  from 
the  superintendent  of  either  county  in  which  such  district  lies. 

If  the  contract  is  signed  by  one  who  is  a  director  de  facto  it  will  bind  the  district.  9 
Neb.,  56.  Contract  by  director  and  treasurer  valid.  13  Neb.,  69.  35  Id.,  655.  Breach  of 
contract.  31  Neb.,  501. 

t  (b)  The  contract  between  the  school  board  and  a  teacher  is  a  mutual  obligation, 
equally  binding  upon  both  parties.  Neither  party  can  with  impunity  rescind  such  contract 
and  either  party  violating  the  provisions  of  such  contract  would  be  answerable  in  damages 
to  the  aggrieved  party.  It  requires  a  majority  of  the  board  to  legally  accept  a  teacher's  resig- 
nation. 

In  order  to  be  legal  and  binding  upon  the  district,  it  is  not  necessary  that  a  contract  be 
in  writing.  If  not  in  writing  its  existence  must  be  fully  proven.  If  it  can  be  proven  that  a 
teacher  was  elected  by  the  board,  that  he  was  notified  of  such  election  and  clearly  indicated 
his  acceptance  of  it,  the  contract  is  binding  whether  made  out  in  writing  and  signed  by  all 
parties  concerned  or  not.  In  the  absence  of  a  written  contract  the  minutes  of  the  director 
or  secretary  of  the  board  would  show  the  time  for  which  a  teacher  was  elected. 

In  case  a  teacher  breaks  a  contract  made  between  herself  and  a  school  district  board, 
the  board  has  a  right  of  action  on  the  original  contract,  and  may  maintain:  (1)  A  suit  to  ob- 
tain damages  for  the  loss  sustained  by  the  breach;  (2)  a  suit  to  obtain  specific  performance 
of  the  contract  by  the  other  party.  Or,  if  the  court  were  to  find  it  difficult  to  assess  the  dam- 
ages, or  should  fail  to  enforce  a  specific  performance  because  it  cannot  supervise  or  insure  its 
execution,  they  could,  by  injunction,  enforce  the  promise  not  to  teach  elsewhere  during  the 
time  covered  by  the  injunction.  See  Clark  on  Contracts,  702. 

Members  of  the  school  board  have  a  perfect  right  to  see  the  teachers'  certificate.  In 
fact,  it  is  a  duty  incumbent  upon  them  to  satisfy  themselves  that  the  teacher  is  a  legally  quali- 
fied teacher.  The  certificate  is  the  proper  evidence. 

The  school  board  has  the  right  to  discharge  a  teacher  for  cause,  and  after  such  dis 
charge  the  teacher  has  no  right  to  continue  the  school,  even  if  the  cause  be  thought  insuffi- 
cient.    The  only  course  then  open  to  the  teacher  is  an  action  for  damages.      Whether  the 
teacher  could  draw  pay  for  the  full  time  of  the   contract,  would  be  a  question  to  be    deter- 
mined by  process  of  law. 

If  it  is  a  physical  impossibility  for  the  school  district  board  to  furnish  a  house  in  which 
the  school  may  be  taught,  the  teacher  could  not  draw  pay  during  the  time  school  is  closed  on 
account  of  the  burning  of  the  schoolhouse.  If  it  is  possible  for  the  board  to  provide  a  house 
in  which  the  school  may  be  taught,  the  teacher's  pay  will  continue  during  the  time  school  is 
closed  on  account  of  the  burning  of  the  schoolhouse.  It  might  be  well,  however,  for  the  teacher 
and  board  to  compromise  under  such  circumstances. 

So  far  as  schools  are  concerned,  the  statutes  of  Nebraska  make  no  provisions  for  legal  hol'- 
days.  A  teacher,  in  the  absence  of  any  provision  upon  the  matter  in  his  contract,  would  have 
no  authority  to  close  school  upon  the  so-called  holidays,  without  being  legally  required  to  make 
up  the  time  so  lost  to  the  district.  However,  a  district  board  has  authority  to  make  pro 
vision  for  closing  school  upon  such  days,  and  in  case  the  board  directs  that  school  be  closed 
upon  any  specified  day,  the  teacher  would  legally  draw  pay  for  such  time. 

A  teacher  may  make  up  lost  time  by  teaching  on  Saturdays  only  by  permission  of  the 
board. 

When  the  school  is  closed  for  a  few  days  in  order  to  repair  damages  done  to  the  build- 
ing by  a  storm,  the  teacher  is  not  bound  legally  to  make  up  the  time  so  lost,  providing  he  hold 
himself  in  readiness  to  continue  the  school  during  the  time  school  was  closed  by  order  of  the 
board. 

When  a  teacher  is  employed  for  a  definite  time  and  during  the  period  of  his  employ- 
ment the  district  officers  close  the  school  on  account  of  the  prevalence  of  an  epidemic  disease 
in  the  district  and  the  teacher  continues  ready  to  perform  his  contract,  he  is  entitled  to  full 
wages  during  such  period,  provided  there  is  nothing  in  the  contract  to  the  contrary.  Accord- 
ing to  a  recent  decision  of  the  supreme  court  a  teacher  cannot  collect  pay  on  such  a  contract  when 
school  is  closed  by  order  of  the  board  of  health. 

6774  Sec.  75.  Census — when  taken.— Within  ten  days  previous  to  the 
annual  district  meeting,  the  director  shall  take  the  census  of  his  district,  and 
make  a  list  in  writing  of  the  names  of  all  the  children  belonging  thereto,  be- 
tween the  ages  of  five  and  twenty-one  years,  together  with  the  names  of  all  the 
taxpayers  in  the  district.  In  case  of  the  absence  or  inability  of  the  director 

t  Decisions  which  apply  to  all  school  districts, 


18  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

such  census  shall  be  taken  by  the  moderator  or  treasurer  or  such  person  as  they 
may  appoint,  and  a  copy  of  the  list,  verified  by  the  oath  of  the  person  taking 
such  census,  by  affidavit  appended  to  or  endorsed  thereon,  setting  forth  that 
it  is  a  correct  list  of  the  names  of  all  children  belonging  to  the  district  between 
the  ages  of  five  and  twenty-one  years,  and  that  it  was  taken  within  ten  days 
preceding  the  annual  meeting,  shall  be  returned  with  the  annual  report  of  the 
director  to  the  county  superintendent;  Provided,  in  cities  of  the  first 
and  second  classes,  thirty  days  shall  be  allowed  for  taking  the  census, 
such  census  to  be  completed  before  July  1. 

The  census  can  be  legally  taken  at  no  other  time  than  this.  No  special  census  report 
can  be  called  for. 

Marriage  will  not  exclude  from  the  census  list  persons  otherwise  entitled  to  be  enumer- 
ated. No  stated  length  of  time  is  rooniired  that  children  must  live  in  a  district  before  they 
are  counted  in  the  census.  Children  brought  into  a  district  within  the  ten  days  during  which 
the  census  can  be  taken,  if  already  counted  in  the  district  from  which  they  came,  should  be 
listed  in  the  district  to  which  they  have  come,  and  stricken  from  the  other. 

The  home  of  a  child  is  usually  with  its  parents  or  guardians,  but  may  be  elsewhere.  A 
child  of  school  age  who,  bona  fide,  resides  in  a  district  for  other  than  school  purposes  is  enti- 
tled to  school  privileges,  and  its  name  should  be  included  in  the  school  census. 

6775  Sec.  76.     Care  of  buildings. — The  director  shall,  with  the    con- 
currence of  the  moderator  and   treasurer,  or  either  of  them,  provide  the 
necessary  appendages  for  the  schoolhouse,  and  keep  the  same  in  good  con- 
dition and  repair  during  the  time  school  shall  be  taught  in  said  schoolhouse, 
and  shall  keep  an  accurate  account  of  all  expenses  incurred  by  him  as  direc- 
tor.   Such  account  shall  be  audited  by  the  moderator  and  treasurer,  and  on 
their  written  order  shall  be  paid  out  of  the  general  school  fund. 

Section  94,  article  5,  Provides  that  no  school  officer  shall  be  a  party  to  any  school 
contract  for  building  or  furnishing  supplies  except  in  his  official  capacity  a  member  of  the 
board.  This,  of  course,  does  not  apply  to  supplies  furnished  in  any  other  manner  than  under 
contract.  Section  76.  article  4  expressly  states  that  the  director  shall  with  the  con- 
currence of  the  other  members  of  the  board  provide  the  necessary  appendages  for 
the  schoolhouse  and  keep  an  account  of  all  expenses  incurred  by  him  as  director.  This 
section  clearly  implies  the  duty  of  the  director  to  provide  all  necessary  supplies  in  such  a  man- 
ner as  he  sees  fit  when  not  otherwise  directed  by  the  board.  His  account  must  be  audited  by 
the  board;  and  if  any  items  are  found  incorrect  or  any  charges  exorbitant,  corrections  can  be 
made  at  any  time. 

There  is  no  law  compelling  a  moderator  to  sign  a  contract  for  supplies.  His  signature 
is  not  necessary  to  the  validity  of  the  contract,  but  if  the  contract  was  made  at  a  meeting  of 
which  he  had  no  notice,  the  contract  itself  is  called  in  question.  It  has  been  decided  that  such 
contract  is  illegal.  A  contract  with  a  teacher  is  an  exception  to  this  rule. 

A  bill  against  a  school  district  should  be  made  out  in  due  form,  itemized,  and  presented 
to  the  board  for  their  consideration.  Action  should  be  taken  thereon  and  the  warrant  issued 
in  accordance  with  such  action.  The  director  should  be  justified  in  demanding  an  itemized 
statement.  He  is  responsible  for  drawing  orders  on  the  district  and  should  know  definitely 
for  what  purpose  the  monev  of  the  district  is  used,  so  that  he  may  be  able  to  report  to  the  voters 
at  the  annual  meeting.  The  director  must  also  make  out  an  itemized  statement  of  every  bill 
fae  presents  for  expenses  incurred  by  him  in  his  official  capacity. 

A  member  of  the  committee  on  purchase  and  supplies  shall  not  be  a  party  to  furnish 
supplies  to  the  district,  except  in  his  official  capacity  as  a  member  of  the  board.  See  section 
94,  article  5,  School  Laws. 

The  director  of  a  school  district,  with  the  consent  of  the  moderator,  may  contract  for 
epairs  on  a  schoolhouse  of  the  district  during  vacation.  67  Neb.,  365. 

The  amount  of  money  to  be  used  in  the  repair  of  the  schoolhouse  is  in  the  discretion 
the  board  to  determine.     67  Neb.,  635. 

6776  Sec.  77.     Estimate  of  expenses  and  report. — He  shall  present   ut 
each  annual  meeting  an  itemized  estimate  of  the  amounts  necessary  to  be  ex- 
pended during  the  ensuing  year  for  school  purposes,  and  for  the  payment  of  the 
services  of  any  school  district  officer;  but  no  tax  for  these  purposes  shall  be 
voted  at  any  special  meeting.     He  shall  also  present  to  the  annual  meeting  a 
statement  of  all  orders  drawn  on  the  county  treasurer,  and  the  amount  of 
each,  apd  of  all  orders  on  the  district  treasurer,  and  the  amount  of  each,  for 


THE  NEBRASKA  SCHOOL  LAWS  49 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.,  OMAHA. 

what  purpose  and  to  whom  given.  Before  adjournment  of  each  annual 
meeting  the  director  shall  read  the  minutes  of  the  meeting  and  have  the 
same  corrected  and  approved  by  a  majority  vote  of  the  meeting. 

In  order  legally  to  pay  the  school  district  officers  a  salary,  it  is  necessary  that  provi- 
sions for  such  payment  be  made  at  the  annual  district  meeting;  but  it  is  not  within  theauth<>r- 
ity  of  the  annual  meeting  to  make  provision  for  the  payment  of  such  salary  for  more  than  the 
ensuing  year, 

6777  Sec.    78.     Post   notices. — He   shall   give   the   prescribed     notice 
of  the  annual  district  meetings,  and  all  such  special  meetings    as  he  shall 
be  required  to  give  notice  of,  in  accordance  with  the  provisions  of  this  chapter, 
one  copy  of  which  for  each  meeting  shall  be  posted  on  the  outer  door  of  the 
schoolhouse,  if  there  be  one. 

6778  Sec.  79.     Orders  on  treasurer. — He  shall  draw  and  sign  all  orders 
upon  the  treasurer  for  all  moneys  to  be  disbursed  by  the  district,  and  all 
warrants  upon  the  county  treasurer  for  moneys  raised  for  district  purposes, 
or  apportioned  to  the  district  by  the  county  superintendent,  and  present  the 
same  to  the  moderator,  to  be  countersigned  by  him,  and  no  warrant  shall  be 
issued  until  so  countersigned.     No  warrant  shall  be  countersigned  by  the 
moderator  until  the  amount  for  which  the  warrant  is  drawn  is  written  upon 
its  face.     The  moderator  shall  keep  a  record,  in  a  book  furnished  by  the    di- 
trict,  of  the  amount,  date,  purpose  for  which  drawn,  and  name  of  person  to 
whom  issued,  of  each  warrant  countersigned  by  him. 

It  is  the  duty  of  the  district  director  to  issue  orders  upon  the  county  treasurer  in  favor 
of  the  district  treasurer  for  money  on  hand  in  the  county  treasury,  in  order  that  the  district 
indebtedness  and  current  expenses  may  be  properly  paid.  In  case  the  director  refuses  without 
sufficient  reason  to  issue  such  orders  upon  the  county  treasurer,  he  may  be  compelled  to  do 
so  by  mandamus  proceedings  in  the  district  court.  See  22  Neb.,  52. 

School  district  orders  are  subject  to  same  defense  against  a  bona  fide  holder  for  value 
as  against  the  payee.  4  Neb.,  359.  Cited  19  Id.,  564.  32  Id.,  370.  A  writ  of  mandamus 
cannot  issue  to  the  treasurer  of  a  school  district  requiring  payment  by  him  of  an  order  payable 
by  its  terms  at  a  fixed  time  in  the  future  and  in  the  meantime  drawing  interest  at  a  rate  per 
centum  defined  by  the  terms  of  the  order  itself.  39  Id.,  570.  Moderator  must  countersign 
all  proper  orders.  35  Neb.,  655. 

The  school  board  has  no  authority  to  draw  and  accept  orders  on  a  fund  which  the  dis- 
tict  has  proposed,  but  not  yet  raised.  4  Neb.,  360. 

6779  Sec.   80.     Annual  report. — The  director  shall,   within  ten    days 
after   the   annual   district   meeting,    deliver   to   the   county    superintendent, 
to  be  filed  in  his  office,  a  report  under  oath,  showing  the  whole  number  of 
children  belonging  to  the  district  between  the  ages  of  five  and  twenty-one 
years  according  to  the  census  taken  aforesaid;  and  any  district  board  neglect- 
ing to  take  the  enumeration  and  make  a  return  of  the  same  shall  be  liable  to 
the  district  for  all  school  moneys  which  such  district  may  lose  by  such  neglect. 

Within  ten  days  after  the  annual  district  meeting,  the  director  shall 
report  to  the  county  superintendent,  to  be  filed  in  his  office  a  report  under 
oath,  showing:  * 

1st.  The  number  attending  school  during  the  year  under  five,  and  also 
the  number  over  twenty-one  years  of  age. 

2d.     The  whole  number  that  have  attended  school  during  the  year. 

3d.  The  whole  number  in  the  district  between  the  ages  of  eight  and 
fourteen  years,  inclusive. 

4th.  The  whole  number  in  the  district  between  the  ages  of  eight 
and  fourteen  years  inclusive,  that  have  attended  school  not,  loss  than  twelve 
weeks  during  the  school  year. 


50  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

5th.  The  length  of  time  the  school  has  been  taught  during  the  year  by  a 
qualified  teacher,  the  length  of  time  taught  by  each  teacher,  and  the  wages 
paid  to  each. 

6th.  The  total  number  of  days  all  pupils  between  the  ages  of  five  and 
twenty-one  years  have  attended  school  during  the  year. 

7th.  The  amount  of  money  received  from  the  county  treasurer  during 
the  year,  and  the  amount  of  money  expended  by  the  district  during  the  year. 

8th.     The  number  of  mills  levied  for  all  school  purposes. 

9th.     The  kind  of  books  used  in  the  school. 

10th.  Number  of  children  to  whom  text-books  are  furnished,  and  kinds 
of  books. 

llth.     The  amount  of  bonded  indebtedness. 

12th.     Such  other  facts  and  statistics  as  the  superintendent  shall  direct* 

The  penalty  incurred  by  a  failure  to  report  correctly  the  items  in  the  first  paragraph 
of  this  section  applies  equally  to  the  others.  Should  the  director  not  send  in  a  complete  report, 
it  is  the  duty  of  the  county  superintendent  to  return  it  for  correction.  The  report  must  be  made 
under  oath.  See  section  (3242)  10,  Chapter  32. 

6780  Sec.  81.  Statement — valuation — taxes. — It  shall  be  the  duty  of 
the  director  to  furnish,  for  the  use  of  the  annual  meeting  of  each  year,  a 
statement  of  the  aggregate  assessed  valuation  of  all  property  in  the  district, 
and  the  amount  of  taxes,  as  near  as  may  be,  that  will  be  collected  for  the  use 
of  the  district. 


ARTICLE  V. 


DISTRICT  BOARD— POWERS  AND  DUTIES. 


SECTION 

6781.  Board — quorum. 

6782.  Report  of  taxes  voted. 

6783.  General  management. 

6784.  Non-resident  pupils. 

6785.  Suspension  of  pupils. 

6786.  Procure  site  and  house. 

6787.  Title  to  site. 

6788.  Payment  of  money. 

6789.  Care  of  property. 


SECTION 

6790.  Vacancy  in  office— how  created. 

6791.  Same— how  filled. 

6792.  Same — on  division  of  district. 

6793.  Officer  not  interested  in  contract. 

6794.  Water  closets. 

6795.  School  district  library. 

6796.  Same — care — rules. 

6797.  Support  of  school  library. 


6781  Sec.  82.     Board — quorum.— The  moderator,  director,  and   treas- 
urer shall  constitute  the  district  board,  and  in  all  meetings  of  the  board  two 
members  shall  constitute  a  quorum  for  the  transaction  of  business.     Meetings 
of  the  board  may  be  called  upon  the  agreement  of  two  members,  but    all 
members  shall  have  notice  of  the  time  and  place  of  meeting. 

A  contract  entered  into  and  signed  by  persons  styling  themselves  as  director  and  mod- 
erator of  a  school  district  is  their  individual  contract  and  not  binding  on  the  district.  4  Neb., 
254.  The  action  of  a  majority  of  the  board  will  not  bind  the  district  without  notice  to  or  par- 
ticipation therein  of  the  other  members.  Id. 

A  contract  with  a  teacher  is  an  exception  to  this  rule.     13  Neb.,  69.     35  Id.,  655. 

6782  Sec.  83.     Report  of  taxes  voted.— Immediately  after  the   annual 
district  meeting,  and  not  later  than  the  first  Monday  in  July,  the  board  shall 


THE  NEBRASKA  SCHOOL  LAWS  51 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

make  and  deliver  to  the  county  superintendent,  and  also  to  the  county  clerk 
of  each  county  in  which  any  part  of  the  district  is  situated,  reports  in  writing 
under  their  hands,  of  all  taxes  voted  by  the  district  during  the  current  school 
year,  to  be  levied  on  the  taxable  property  of  the  district,  and  to  be  collected 
by  the  county  treasurer  at  the  same  time,  and  in  the  same  manner  as  the  state  - 
and  county  taxes  are  collected;  and  when  collected,  to  be  paid  over  to  the 
treasurer  of  the  proper  district  on  the  order  of  the  director,  countersigned  by 
the  moderator  of  the  district.  It  shall  be  the  duty  of  the  county  clerk  to 
levy  such  taxes,  if  voted  according  to  law. 

Taxes  were  voted  by  a  district  while  comprising  three  townships.  Before  the  levy  2J 
townships  were  detached.  Held,  Taxes  should  be  levied  on  the  district  as  it  existed  at  the  time 
of  the  levy.  9  Neb.,  336.  But  where  such  taxes  were  leyed  in  the  district  as  it  existed  at 
the  time  they  were  voted  and  collected  from  property  therein;  held,  that  the  new  district  could 
recover  from  the  old  the  amount  collected  in  its  territory.  Id.  When  a  district  board  refuses 
to  act.  it  may  be  compelled  to  perform  its  lawful  duties  by  a  writ  of  mandamus.  11  Neb., 
359. 

6783  Sec.  84.  General  management. — The  district  school  boards  shall 
have  the  general  care  of  the  schools,  and  shall  have  the  power  to  cause  pupils 
to  be  taught  in  such  branches  and  classified  in  such  grades  or  departments  as 
may  seem  best  adapted  to  a  course  of  study  which  the  school  boards  of  any 
county  shall  establish  by  the  consent  and  advice  of  the  county  superintendent 
thereof,  and  the  school  board  of  each  district  shall  cause  a  record  of  the  ad- 
vancement in  each  branch  of  study  of  all  the  pupils  to  be  kept  in  a  book 
provided  for  this  purpose;  and  it  is  hereby  made  the  duty  of  each  district 
board,  or  of  one  of  their  number  empowered  by  the  board,  to  attend  all  meet- 
ings called  by  the  county  superintendent  for  the  purpose  of  adopting  or 
revising  a  course  of  study  for  the  advancement  of  district  schools,  or  making 
rules  and  regulations  as  they  may  think  necessary  for  the  government  and 
health  of  the  pupils,  and  of  devising  such  means  as  may  seem  best  to  secure 
regular  attendance  and  progress  of  children  at  school. 

*(a)  If  it  is  the  wish  of  a  large  majority  of  the  patrons  of  the  district  that  a  foreign  lan- 
guage be  taught,  the  board  would  have  authority  to  allow  this  to  be  a  part  of  the  course  of  study. 
A  foreign  language  should  not  be  used  as  the  medium  of  instruction  in  other  branches,  but 
may  be  studied  simply  as  a  language. 

The  parent  has  a  right  to  make  a  reasonable  selection  of  the  studies  he  desires  his  child 
to  pursue  from  the  course  prescribed  by  the  district  board,  and  this  selection  must  be  respected 
by  the  trustees,  as  the  right  of  the  parent  in  this  regard  is  superior  to  that  of  the  trustees 
and  the  teacher.  31  Neb.,  552. 

t(b)  Our  statutes  confer  upon  the~school 'board  the  power  "to  make  such  rules  and 
regulations  as  they  may  think  necessary  for  the  government  of  the  scholars."  This  grant  of 
authority  include!  the  right  to  require  excuses  for  absence  and  tardiness.  It  ought  to  be  re- 
membered, however,  that  very  much  depends  upon  the  manner  of  enforcement  of  such  a  rule. 
A  regulation  harmless  and  proper  in  itself  might  be  enforced  in  such  a  way  as  to  render  it  exceed- 
ingly obnoxious  and  almost  unendurable  to  parents  and  pupils.  If  a  certain  rule  is  benefi- 
cial to  the  school,  it  ought  not  to  be  difficult  to  convince  parents  of  its  usefulness;  for  certainly 
no  one  is  more  interested  in  the  welfare  of  the  school  than  the  parents  who  entrust  their  chil- 
dren to  its  instruction  and  discipline.  Attendance  rules  should  be  enforced  with  the  greatest 
courtesy  and  consideration,  and  they  will  encounter  no  serious  opposition  from  the  parents 
for  the  benefit  of  whose  'children  they  are  intended. 

It  seems  quite  reasonable  that,  after  the  last  primary  clan  is  once  fairly  started,  no  pupils 
should  be  permitted  to  enter  the  school  unless  they  can  pursue  the  studies  of  some  class  already 
formed;  otherwise  the  one  or  two  who  enter  later  will  require  as  much  time  and  attention  from  the 
teacher  as  would  an  entire  class.  As  a  rule,  pupils  who  are  too  young  to  enter  the  lowest  exist- 
ing class  will  lose  very  little  by  waiting  until  the  beginning  of  the  next  term.  In  fact,  in  most 
cases,  it  would  be  better  for  them  to  do  so.  Such  a  regulation  seems,  therefore,  to  be  proper 
and  reasonable  and  within  the  power  of  the  district  board;  and  to  secure  the  sympathy  and 
co-operation  of  the  people,  it  ought  to  meet  with  no  resistance. 

The  school  trustees  have  authority  to  classify  and  grade  the  scholars  in  the  district  and 
cause  them  to  be  taught  in  such  departments  as  they  may  deem  expedient;  they  may  also  pre- 
scribe the  courses  of  study  and  text  books  for  the  use  of  the  school,  and  such  reasonable  rules 

•Decisions  which  apply  only  to  rural  and  village  schools, 
t Decisions  which  apply  to  all  school  districts. 


52  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

and  regulations  as  they  may  think  needful.  They  may  also  require  prompt  attandence,  re- 
spectful deportment  and  diligence  in  study.  The  parent,  however,  has  a  right  to  make  a  reas- 
onable selection  from  the  prescribed  courses  of  study  for  his  child  to  pursue,  and  this  selection 
must  be  respected  by  the  trustees,  as  the  right  of  the  parent  in  that  regard  is  superior  to  that 
of  the  trustees  and  the  teacher.  31  Neb.,  552. 

The  district  school  board  is  specially  invested  by  the  statutes  with  the  general  care  and 
management  of  the  school  and  the  employment  of  teachers;  and,  as  an  incident  to  these  powers, 
has  a  right  to  discharge  a  teacher  for  incompetency,  or  for  any  other  sufficient  cause,  at  the 
will  and  pleasure  of  a  majority  of  its  members.  Maxwell  J.,  dissenting.  (Bays  vs.  State,  6 
Neb.,  167.) 

The  board  may  discharge  a  teacher  who,  for  any  cause,  is  found  incompetent      6  Neb 
173.     Cited  31  Id.,  552. 

There  is  no  express  statute  in  this  state  making  vaccination  compulsory  or  imposing  it 
as  a  condition  upon  the  privilege  of  attending  our  public  schools,  neither  have  we  a  supreme 
court  decision  bearing  upon  this  particular  point.  Our  supreme  court  has  decided,  however, 
that  a  school  board  has  the  power  to  adopt  and  enforce  appropriate  and  reasonable  rules  and 
regulations  for  the  government  and  management  of  the  school  under  its  control.  The  ques 
tion  of  the  right  of  a  school  board  to  exclude  pupils  from  school  if  they  are  not  vaccinated  has 
been  passed  upon  by  the  supreme  court  of  Michigan.  The  decision  rendered  is  to  the  effect 
that  a  standing  rule  prohibiting  unvaccinated  pupils  from  attending  school  could  not  be  estab- 
lished, though  temporarily  during  an  epidemic  the  board  may  exclude  persons  who  have  not 
been  vaccinated.  The  supreme  court  of  Indiana  has  held  that  a  local  board  of  health  has 
power  to  require  that  no  unvaccinated  child  be  allowed  to  attend  the  public  school  during  the 
continuance  of  a  threatened  smallpox  epidemic. 

Under  the  existing  statutes  of  Nebraska  and  in  the  light  of  these  supreme  court  deci- 
sions, it  is  the  ruling  of  this  department  that  a  standing  rule  prohibiting  unvaccinated  pupils 
from  attending  school  could  not  be  enforced,  though  temporarily  during  an  epidemic  of 
•mallpox,  the  board  may  exclude  persons  who  have  not  been  vaccinated. 

6784  Sec.  85.     Non-resident  pupils. — The  board  may  also  admit    to 
the  district  school  non-resident  pupils,  and  may  determine  the  rates  of  tuition 
of  the  pupils  and  collect  the  same  in  advance,  but  no  tuition  shall  be  charged 
such  children  as  are  or  may  be  by  law  allowed  to  attend  the  school  without 

charge. 

Under  the  statutes  of  Nebraska  (section  3,  678  C.  S.,  1905),  the  minority  of  a  female 
child  ends  at  the  age  of  eighteen  years.  Where  a  woman  between  eighteen  and  twenty-one 
years  of  age  elects  in  good  faith  to  make  her  residence  in  a  certain  school  district,  and  does  actu- 
ally reside  therein,  she  has  the  right  to  free  school  privileges  in  said  district. 

Children  of  school  age  are  entitled  to  free  school  privileges  only  in  the  district  in  which 
their  parents,  or  the  ones  standing  in  the  relation  of  parents,  or  legal  guardians  make  their 
legal  residence.  To  be  a  legal  guardian  one  must  have  been  so  recognized  by  a  court  of  proper 
jurisdiction,  with  such  guardianship  made  a  matter  of  record  by  the  court. 

The  supreme  court  has  decided  that:  The  father  of  a  child  of  school  age,  or  one  stand- 
ing in  loco  parentis  to  the  child,  may  maintain  an  action  to  compel  the  directors  of  a  school 
district  to  allow  the  child  to  attend  school  in  the  district  where  the  child  is  a  bona  fide  resident. 
Where  a  child  of  school  age  is  wrongfully  denied  admission  to  the  public  school  of  a  district, 
an  injunction  may  properly  issue  to  restrain  the  directors  of  a  school  from  interfering  with  his 
attendance.  Commissioners'  Opinion,  Department  No.  3,  Nebraska  Reports  (Herdman,) 
Vol.  II.,  1901-1902,  pages  238-242.  The  court  in  expounding  this  ruling  said:  "Where  a 
child  with  the  consent  of  his  parents  goes  to  live  in  the  family  of  another  as  a  member  of 
the  family  and  under  an  agreement  that  that  is  to  be  his  home,  and  that  he  is  to  becared  for  and 
provided  with  school  facilities,  he  becomes  a  bona  fide  resident  of  the  district  where  living, 
and  the  person  with  whom  he  resides  occupies  the  relation  of  a  parent,  stands  in  loco  parentis, 
and  may.  demand  for  him  every  right  to  which  his  own  son  is  entitled." 

A  person  who  graduates  from  the  public  schools  of  Nebraska  does  not  lose  his  privilege 
of  attending  school  by  reason  of  his  graduation.  He  has  a  right  to  continue  the  same  studies 
in  the  same  school  and  will  have  the  same  privileges  as  the  school  guarantees  to  other  pupils 
in  the  matter  of  text  books,  etc.,  providing  no  separate  classes  are  required  for  his  instruction. 

The  residence  of  a  pupil  is  usually  with  his  parents,  if  living,  but  may  be  elsewhere. 
Children  sent  into  the  district  just  to  board  and  attend  school  are  not  residents. 

6785  Sec.  86.     Suspension  of  pupils. — They  may  authorize  or    order 
the  suspension  or  expulsion  from  the  school,  whenever  in  their  judgment  the 
interests  of  the  school  demand  it,  of  any  pupil  guilty  of  gross  misdemeanors 
or  persistent  disobedience,  but  such  suspension  shall  not  extend  beyond  the 
close  of  the  term. 

This  section  gives  school  boards  authority  to  suspend  pupils.  There  is  no  law  for  refer- 
ring such  questions  to  a  special  district  meeting,  and  it  will  save  acrimony  if  the  board,  after 
consulting  with  the  teacher  or  teachers,  will  settle  all  such  matters  with  the  least  possible  public 
disturbance. 

The  right  to  suspend  or  expel  vests  in  the  board,  but  may  be  exercised  by  the  teacher  in 
emergencies,  with  immediate  reference  to  the  board  for  final  action. 


THE  NEBRASKA  SCHOOL  LAWS  53 

COMPILED  BY  KLOPP  a  BARTLETT  CO..  OMAHA. 

The  statute  empowers  the  school  district  board  to  suspend  or  expel  pupils  from  the 
school,  and  it  also  provides  that  "such  suspension  shall  not  extend  beyond  the  close  of  the 
term."  The  expression  "term"  is  not  denned  in  the  statutes.  In  the  absence  of  any  defini- 
tion 011  the  part  of  the  board,  the  word  term  would  naturally  apply  to  the  entire  period  during 
which  school  is  in  session  during  the  school  year.  But  where  the  school  district  board  has 
made  and  adopted  a  series  of  rules  by  which  the  school  year  is  divided  into  specific  terms,  the 
board  would  have  no  authority  to  suspend  a  pupil  for  a  period  extending  beyond  the  close  of 
the  current  term  as  defined  in  said  rules. 

Control  of  pupils  outside  of  school  hours. — Let  us  divide  the  question  at  issue  into  two 
parts;  first,  the  teacher's  authority  over  pupils  on  the  way  to  and  from  school;  and  second,  his 
authority  over  pupils  at  other  times  and  places  than  in  school,  on  school  grounds,  on  the  way  to 
and  from  school,  or  during  school  hours.  The  laws  of  Nebraska  do  not  touch  directly  upon  the 
matter  of  the  teacher's  authority  over  pupils  on  the  way  to  and  from  school.  Several  decisions 
of  different  supreme  courts,  however,  seem  to  indicate  that  where  there  is  no  statutory  provision 
to  the  contrary,  the  teacher  may  exercise  a  reasonable  control  over  pupils  on  the  way  to  and  from 
the  schoolhouse  in  all  matters  of  conduct  which  affect  the  interest  and  discipline  of  the  school. 
This  authority  must  be  exercised  with  great  discretion  on  the  part  of  the  teacher,  and  he  will  be  liable 
for  any  flagrant  perversion  or  abuse  of  it.  The  teacher  stands  hi  the  place  of  the  parent  at  school 
and  has  the  same  jurisdiction  over  the  conduct  of  the  pupil  there  that  the  parent  has  at  home.  It 
seems  to  be  a  simple  deduction  from  this  principle  that  the  teacher  has  authority  over  the  pupils 
at  all  times  when  they  are  thrown  together  in  consequence  of  their  attendance  at  school,  and  it 
would  be  very  disastrous  to  school  discipline  if  the  teacher  were  denied  a  reasonable  control  over 
the  actions  of  the  pupils  on  the  way  to  and  from  the  schoolhouse.  This  right,  therefore,  seems  to 
belong  to  the  teacher  by  implication  without  any  express  statement  of  law  to  that  effect. 

.For  acts  committed  in  or  about  the  homes  of  the  pupils,  it  would  avoid  a  source  of  much 
trouble  and  irritation  if  the  teacher  would  consult  with  the  parents,  reasoning  with  them,  if  they 
are  reasonable,  and  parents  usually  are  when  the  facts  are  fairly  stated  and  they  see  that  some 
action  is  necessary  for  the  good  of  their  own  children.  Teachers  should  not  be  arbitrary  or  dicta- 
torial. 

It  has  long  been  the  ruling  of  this  department  that  a  teacher  has  the  legal  right  to  detain 
pupils  after  the  regular  school  hours,  when  circumstances  make  it  necessary. 

Corporal  punishment. — The  statutes  of  Nebraska  are  silent  as  to  the  right  of  a  teacher  to 
inflict  corporal  punishment,  and  the  matter  seems  never  to  have  been  brought  before  our  supreme 
court;  but  the  holdings  of  supreme  courts  of  other  states  are  quite  uniform  and  positive  in  the 
matter,  and  are  in  substance  as  follows:  A  teacher  in  charge  of  a  school  stands  in  the  place  of  the 
parent  while  the  pupils  are  under  his  or  her  control  and  has  the  same  right  to  command  and  to 
enforce  obedience  which  the  parent  has  in  the  home.  This  right  includes  the  infliction  of  corporal 
punishment  in  a  reasonable  manner  and  with  the  proper  motive.  If  it  can  be  shown  that  the  pun- 
ishment was  cruel  or  excessive  or  inflicted  with  malice  on  the  part  of  the  teacher,  then  such  teacher 
is  liable  to  prosecution  and  punishment.  As  a  matter  of  educational  policy,  there  is  no  question 
that  corporal  punishment  is  to  be  used  only  as  a  last  resort;  and  our  best  teachers  almost  invariably 
succeed  in  avoiding  it.  Nevertheless  there  are  cases,  growing  out  of  unusual  perversity  or  unfor- 
tunate influences  at  home,  which  make  its  use  advisable  and  sometimes  even  indispensable.  While 
the  constant  aim  of  the  teacher  and  school  board  should  be  to  reduce  the  use  of  this  method  of 
discipline  to  a  minimum,  there  can  be  no  question  as  to  the  legal  right  of  the  board  to  authorize, 
and  of  the  teacher  to  employ,  corporal  punishment,  under  proper  circumstances,  in  the  proper 
manner  and  with  the  proper  motive. 

The  law  empowers  a  school  board  to  suspend  or  expel  a  pupil  from  school  who  is  guilty 
of  gross  misdemeanors  or  persistent  disobedience,  whenever  in  their  judgment  the  interests 
of  the  school  demand  it;  but  such  suspension  shall  not  extend  beyond  the  close  of  the  term. 
In  case  of  emergency  the  teacher  may  suspend  a  pupil  and  refer  his  actions  and  the  reasons 
therefor  immediately  to  the  board. 

School  boards  are  empowered  to  make  rules  governing  their  schools.  If  they  see  fit 
to  admit  a  pupil  who  has  been  expelled  they  have  a  perfect  right  to  do  so. 

"An  action  of  mandamus  will  lie  and  may  be  maintained  to  reinstate  a  pupil  in  a  school 
if  the  action  of  the  officer  or  officers  by  which  the  party  was  refused  admission  10  or  continu- 
ance in  the  school  was  an  arbitrary  or  capricious  exercise  of  authority."  57  Web.,  183. 

6786  Sec.  87.  Procure  site  and  house. — They  shall  purchase  or 
lease  such  site  for  a  school  house  as  shall  have  been  designated  by  the  dis- 
trict, in  the  corporate  name  thereof,  and  shall  build,  hire,  or  purchase  the 
schoolhouse  out  of  the  fund  provided  for  that  purpose,  and  shall  make  sale 
and  conveyance  of  any  site  or  other  property  of  the  district,  when  lawfully 
directed  by  the  qualified  voters  at  any  annual  or  special  meeting. 

Subject  to  certain  restrictions,  the  qualified  electors  of  school  districts  are  intrusted 
with  the  power  to  determine  what  sort  of  a  schoolhouse  shall  be  erected,  and  the  extent  of  the 
expenditures  therefor;  and  when  so  determined  the  school  board  has  no  authority  to  change 
the  same,  and  thus  bind  the  district  for  an  increased  expenditure. 

It  is  within  the  authority  of  the  school  board  to  make  temporary  arrangements  for 
carrying  on  the  school  whenever  this  matter  is  neglected  at  the  annual  district  meetings  The 
school  board  should  rent  a  building  and  pay. for  the  same  out  of  the  funds  01'  the  district  It 
is  not  only  a  right  but  it  would  be  a  duty  incumbent  on  the  school  board,  to  go  provide  room 
and  teachers  for  the  pupils  of  the  district. 

Building  Committee  45  Neb.,  230. 


54  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.,  OMAHA. 

6787  Sec.  88.     Title  to  site. — The  district  shall  not  in  any  case   build 
a  stone  or  brick  schooinouse  upon  any  site,  without  having  first  obtained  a 
title  in  fee  to  the  same;  and,  also,  that  they  shall  not  in  any  case  build  a  frame 
schoolhouse  on  any  site  for  which  they  have  not  a  title  in  fee,  without  the 
privilege  to  remove  the  same  when  lawfully  directed  to  do  so  by  the  qualified 
voters  of  the  district  at  any  annual  or  special  meeting. 

6788  Sec.  89.     Payment  of  Money. — The  district  board  shall    apply 
and  pay  over  all  school  moneys  belonging  to  the  district  in    accordance 
with  the  provisions  of  law  regulating  the  same,  as  may  be  directed  by  the 
district,  but  no  school  money  apportioned  to  any  school  district  shall  be 
appropriated  to  any  other  use  than  the  payment  of  teachers'  wages;  and  no 
part  thereof  shall  be  paid  to  any  teacher  who  shall  not  have  received  a  cer- 
tificate as  required  in  this  chapter,  before  the  commencement  of  his  or  her 
school. 

6789  Sec.  90.     Care  of  property. — The  board  shall  have  the  care   and 
custody  of  the  schoolhouse  and  other  property  of  the  district,   except  so  far 
as  the  same  shall  be  confided  to  the  custody  of  the  director. 

This  section  has  given  rise  to  much  controversy,  and  many  disputed  points  still  remain 
unsettled.  The  following  opinions  seem  to  be  well  founded: 

1.  The  schoolhouse  was  erected  for  school  purposes,  and  cannot  legally  be  used  for 
any  other  purpose  that  will  interfere  with  its  use  for  this. 

2.  A  room  in  a  schoolhouse  not  needed  for  school  purposes  may  be  leased  for  any  pur- 
pose not  injurious  to  the  school,  or  a  detriment  to  the  usefulness  of  the  other  parts  of  the  build- 
ing for  school  purposes;  but  the  contract  for  such  lease  cannot  extend  beyond  the  close  of  the 
school  year. 

3.  The  right  to  determine  whether  a  schoolhouse  shall  be  used  for  other  than  school 
purposes  belongs  to  the  voters  of  the  district  when  assembled  in  a  lawful  manner;  but  when 
the  district  has  not  acted  on  the  subject  the  board  has  control  until  some  action  is  taken  by 
the  district.     But  neither  board  nor  district  has  any  right  to  allow  the  schoolhouses  to  be 
used  in  such  a  way  as  to  interfere  with  the  school. 

4.  If  the  voters  of  the  district  wish  to  use  the  echoolhouse  for  meetings  of  various 
kinds  there  seems  no  good  reason  why  they  may  not  so  use  it  so  long  as  they  do  not  interfere 
with  the  school  work.     The  derisions  of  the  supreme  courts  of  Indiana,  Illinois,  Iowa,  and 
many  other  states  confirm  this  view.     Kansas,  New  Jersey,  and  West  Virginia  confer  upon  the 
trustees,  by  statute,  the  right  to  use  the  house  for  such  purposes.     In  the  absence  of  any  deci- 
sion by  our  own  courts,  the  above  rulings  will  govern  this  department. 

Sec.  90a.  Buildings  for  other  than  school  purposes. — The 
board  of  education  of  every  school  district  in  -which  is  included  any 
incorporated  city  or  village  may  in  its  discretion  permit  the 
use  of  public  school  buildings  for  public  assemblages  under  such 
rules  and  regulations  as  it  may  adopt.  A  majority  of  the  qualified 
electors  at  any  annual  meeting  in  any  rural  school  district  may  by 
resolution  permit  a  similar  use  of  school  buildings  within  such 
district  under  rules  and  regulations  which  may  be  adopted  at 
such  annual  school  meeting,  or  in  case  none  are  adopted  then 
under  rules  and  regulations  prescribed  by  the  district  board. 
The  board  of  education  may  exact  such  rental  as  may  be  neces- 
sary to  meet  the  expense  of  such  meeting,  restore  the  property 
and  pay  for  extra  help  required.  In  rural  school  districts  such 
rental  may  be  fixed  by  resolution  adopted  at  the  annual  school 
meeting,  but  in  default  of  such  provision  the  district  board  may 
fix  the  rental.  (Emergency.) 

6790  Sec.  91.     Vacancy  in  office — how  created. — Every  school  district 
office  shall  become  vacant  by  the  death,  resignation,  or  removal  from  office, 


THE  NEBRASKA  SCHOOL  LAWS  55 

COMPILED  BY   KLOPP  ft  BARTLETT  CO..  OMAHA. 

or  removal  from  the  district  of  the  incumbent,  or  by  his  absence  from  the 
district  for  a  continuous  period  of  sixty  days  at  one  time. 

If  an  officer  resigns  at  an  annual  district  meeting,  and  his  resignation  is  accepted  by  the 
board  at  the  meeting,  the  voters  present  may  elect  a  successor  to  complete  the  term  of  office 

The  general  rule  is  that  the  resignation  of  an  officer  should  be  presented  to  the  board 
or  the  officer  who  has  authority  to  fill  the  vacancy  so  created.  At  the  time  of  the  annual-meet- 
ing the  resignation  of  a  district  officer  should  be  presented  to  the  meeting;  at  any  other  time, 
to  the  district  board. 

Two  members  of  a  school  board  cannot  of  their  own  volition  remove  the  other  member 
from  office.  The  only  way  to  remove  a  school  district  officer  is  by  proper  action  before  a  court 
of  competent  jurisdiction. 

When  a  school  officer  resigns,  and  his  resignation  is  accepted,  he  cannot  withdraw  it 
and  again  resume  office. 

6791  Sec.  92.     Same — how    filled. — The    board    shall    have     power 
to  fill  by  appointment  any  vacancy  that  may  occur  in  their   number,  and 
it  shall  be  their  duty  to  fill  such  vacancy  after  its   occurance;     Provided, 
in  case  said  board  shall,  from  any  cause,  fail  to  fill  such  vacancy,  the  same 
may  be  filled  by  election  at  a  special  school  district  meeting  called  for  that 
purpose,  by  the  qualified  voters  present,  which  meeting  shall  be  called  in  the 
same  manner  and  be  subject  to  the  same  regulations  as  other  special  district 
meetings. 

When  vacancies  occur  in  school  boards,  the  vacancies  are  filled  by  appointment  or  by 
election  at  a  special  district  meeting.  If  by  appointment,  the  appointee  serves  until  the  next 
annual  meeting;  if  by  special  election,  he  serves  for  the  remainder  of  the  unexpired  term. 

6792  Sec.  93.     Same — on    division    of    district. — When    by    a     divi- 
sion of  a  district,  no  more  than  one  officer  is  left  in  the  old  district,  the  county 
superintendent  shall  appoint,  to  fill  the  vacant  offices,  suitable  persons,   who 
shall  hold  their  offices  until  the  second  Monday  in  July  after  the  next  annual 
meeting,  and  until  their  successors  are  elected  and  qualified. 

6793  Sec.  94.     Officer  not  interested  in  contract. — No  school    officer 
shall  be  a  party  to  any  school  contract  for  buildine  or  furnishing  supplies, 
except  in  his  official  capacity  as  a  member  of  the  board. 

The  spirit  of  section  13,  subdivision  4  seems  to  authorize  the  director  to  furnish,  under 
the  direction  of  the  board,  in  such  a  way  as  he  may  see  fit,  such  supplies  and  repairs  as  are 
necessary  for  the  proper  maintenance  of  the  school.  It  seems  equally  clear  that  .the  statutes 
give  the  district  board  no  authority  to  make  extensive  repairs  or  to  incur  large  or  unusual 
expenses  without  the  consent  of  the  district  meeting.  Any  action  of  public  officers  is  voidable 
if  vitiated  by  fraud.  When  school  district  officers  employ  each  other  for  services  to  the  dis- 
trict involving  pecuniary  profit,  the  transaction  bears  on  its  face  a  strong  suggestion  of  col- 
lusion and  fraud  which  presumption,  however,  may  be  overcome  by  competent  evidence  of 
good  faith. 

6794  Sec.  95.     Water  closets. — It  shall  be  the  duty  of  school  district 
boards  to  provide  on  every  schoolhouse  site,  and  keep  in  good  repair  and  in 
clean  and  healthful  condition,  at  least  two  separate  water  closets  or  privies, 

ocated  on  those  portions  of  the  site  farthest  from  the  main  entrance  to 
the  schoolhouse,  and  as  far  from  each  other  as  the  surrounding  condition  will 
permit;  Provided,  where  adequate  and  separate  Anterior  closets  are 
provided  and  maintained  in  good  repair  and  healthful  condition,  the  forego- 
ing condition  of  this  section  shall  not  apply. 

6795  Sec.  96.     School   district  library.— The  school    board  or  school 
trustees  of  every  school  district  within  this  state  may  at  its  discretion  set  aside 
annually  from  the  general  funds  collected  for  the  use  of  the  district  the  sum  of 
ten  cents  per  pupil  as  shown  by  the  total  number  of  pupils  within  the  school 


50  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  a  BARTLETT  CO.,  OMAHA. 

district  at  the  last  annual  school  census.  The  amount  so  set  aside  shall  be 
known  as  the  district  library  fund,  and  shall  be  by  the  school  board  or  school 
trustees  of  such  district  annually  invested  in  books  other  than  the  regular 
text  books,  which  books  so  provided,  shall  be  suitable  for  the  district  school 
library. 

6796  Sec.  97.     Same — care — rules. — The  school  boards  or  school  trus- 
tees shall  provide  for  the  care  of  such  library  at  the  schoolhouse   and  shall 
prescribe  the  rules  and  regulations  under  which  it  shall  be  used  by  the  district. 

6797  Sec.  98.     Support  of  school  library. — By  direction  of  the  school 
board  or  board  of  trustees  of  any  school  district  in  which  a  free  public  library 
is  maintained  and  to  the  support  and  extension  of  which  a  sum  not  less  than 
three  hundred  ($300)  dollars  is  expended  annually,  the  two  next    preceding 
sections  shall  be  inoperative. 


ARTICLE  VI. 

DISTRICTS  CONTAINING  MORE  THAN  ONE  HUNDRED  FIFTY  PUPILS 


SECTION 

6798.  District  board. 

6799.  Officers  of  board. 


SECTION 

6800.  Powers  of  trustees. 

6801.  Annual  statement. 


6798  Sec.  99.     District   board. — Any   district    containing    more    than 
one  hundred  and  fifty  children,  between  the  ages  of  five  and    twenty-one 
years,    may   elect    a   district   board    consisting   of   six    trustees;     Provided, 
The  district  shall  so  determine  at  an  annual  meeting  by  a  vote  of  a   major- 
ity of  the  voters  attending  such  meeting.       When  such  change  in    the  dis- 
trict board  shall  have  been  voted,  the  voters  at  such  annual  meeting   shall 
proceed  immediately  to  elect  two  trustees  for  the  term  of  one  year,  two  for 
the  term  of  two  years,  and  two  for  the  term  of  three  years,  and  annually 
thereafter  two  trustees  shall  be  elected,  whose  term    of  office  shall  be  three 
years,  and  until  their  successors  shall  have  been  elected  and  qualified. 

After  a  school  district  has  once  been  legally  organized  under  subdivision  6  9f  the  School 
Laws,  the  mere  fact  that  the  enumeration  of  pupils  falls  below  150  would  not  of  itself  destroy 
the  organization  as  a  high  school  district. 

In  the  formation  of  a  high  school  district,  it  is  necessary  to  re-organize  and  elect  an 
entire  new  set  of  trustees. 

The  change  from  a  primary  to  a  high  school  district  can  be  made  only  by  a  vote  at  the 
annual  district  meeting. 

The  change  from  a  high  school  district  back  to  a  primary  district  follows  the  same 
rules  as  from  the  primary  district  to  the  high  school  district  and  can  only  be  made  at  the 
annual  meeting. 

The  official  terms  of  the  old  board  expire  on  the  second  Monday  of  July  following  the 
election  of  the  new  board  of  trustees.  17  Neb.,  556. 

6799  Sec.  100.     Officers    of    board. — Within    ten    days    after     their 
election,  such  trustees  ahall  file  with  the  directors  a  written  acceptance  of  the 
office  to  which  they  have  been  elected,  and  shall  annually  elect  from  their  own 
number  a  moderator,  a  director  and  a  treasurer,  and  for  cause  may  remove 
the  same,  and  may  appoint  others  of  their  own  members  in  their  places,  who 
shall  perform  the  duties  prescribed  by  law  for  such  officers  in  the  primary 


THE  NEBRASKA  SCHOOL  LAWS  57 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA 

school  districts  in  this  state,  except  as  hereinafter  provided.  The  trustees 
shall  have  power  to  fill  any  vacancy  that  may  occur  in  their  number  until  the 
next  annual  meeting.  Whenever  in  any  case  the  trustees  shall  fail,  through 
disagreement  or  neglect,  to  elect  the  -officers  named  in  this  section  within 
twenty  days  next  after  their  annual  meeting,  the  county  superintendent  of  the 
county  in  which  such  district  makes  its  annual  report  shall  appoint  such 
officers  from  the  members  of  said  trustees. 

In  a  board  of  six  methbera  it  requires  the  affirmative  vote  of  four  members  to  elect  teach- 
ers, fill  vacancies  in  the  membership  of  the  board  and  make  any  appropriation  of  money. 

6800  Sec.  101.     Powers  of  trustees. — The  trustees  shall  have    power 
to  classify  and  grade  the  scholars  in  such  district,  and  cause  them    to  be 
taught  in  such  schools  and    departments  as    they  may  deem  expedient;  to 
establish  in  the   district  a  high  school  when  ordered  by  a  vote  of  the  district 
at  any  annual  meeting,  and  to  determine  the  qualifications  for  admission  to 
such  schools;  to  employ  all  teachers  necessary  for  the  several  schools  of  said 
district;  to  prescribe  courses  of  study  and  textbooks  for  the  use  of  such  schools; 
and  to  make  such  rules  and  regulations  as  they  may  think  needful  for  the 
government  of  the  schools  and  for  the  preservation  of  the  property  of  the 
district,  and  also  to  determine  the  rates  of  tuition  to  be  paid  for  non-resident 
pupils  attending  any  school  in  the  district  except  non-resident  pupils  attend- 
ing the  high  school  without  charge. 

Power  given  to  enforce  reasonable  rules.     Report  Cards.     35  Neb.,   1.     Selection  of 
studies  by  the  parent.     31  Neb.,  552. 

6801  Sec.   102.     Annual   Statement. — The   said  trustees  shall  present 
at  each  annual  meeting,  a  statement  in  writing  of  all  receipts  and  expendi- 
tures on  behalf  of  the  district,  for  the  preceding  year,  and  of  all  funds  then 
on  hand,  and  an  estimate  of  the  amount  necessary  to  be  raised  by  the 
district,  in  addition  to  the  money  to  be  received  from  the  primary  school 
fund  and  other  sources  for  the  support  of  the  schools  of  said  district,  for 
the  ensuing  year,  and  for  incidental  expenses  thereof;  and  the  said  district 
may,  at  the  annual  meeting,  vote  such  sums  to  be  raised  by  tax  upon  the 
taxable  property   of  said  district,   as  may  be   required   to   maintain   the 
several  schools  thereof,  for  the  ensuing  year.     That  the  amount  of  money 
so  voted  as  being  necessary  for  the  maintenance  of  the  schools  for  the 
ensuing  year  shall  be  certified  by  the  district  school  board  to  the  county 
clerk  of  the  county  in  which  such  school  district  is  located,  and  the  amount 
so  certified  shall  be  levied  by  the  county  board  on  the  assessed  value  of  the 
school  district,  and  be  collected  as  other  taxes;  Prjovided  that  the  amount 
so  levied  shall  not  exceed  in  any  one  year,  thirty-five  mills  on  the  dollar 
of  the  assessed  valuation  in  such  school  district. 


58 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  a  BARTLETT  CO..  OMAHA. 


ARTICLE  VII. 

RURAL  HIGH  SCHOOLS. 


SECTION 

6802.  Rural  High  School. 

6803.  Proposition — submission — adoption. 

6804.  Establishment  completed — name. 

6805.  Enlargement  of  district. 

6806.  Trustees — government. 

6807.  Same — lease  or  purchase  of  building. 


SECTION 

6808.  Powers  and  duties  of  officers. 

6809.  Trustees  establish  and  maintain  high 

school. 

6810.  Expense  of  maintaining. 

6811.  Bonds — when  issued. 

6812.  Provision  and  terms. 


6802  Sec.  103.      Rural  high  school. — Any  two  or  more  adjoin- 
ing school  districts  in  any  county  of  this  state  which  are  not  able 
or  do  not  deem  it  expedient  to  maintain  a  school  of  more  than 
eight  grades  may  unite  for  the  purpose  of  forming  one  high  school 
district  and  maintaining  one  high  school  as  hereinafter  provided. 
• — Emergency. 

6803  Sec.  104.      Proposition — submission — adoption. — When- 
ever the  proposition  so  to  unite  shall  be  submitted  by  action  of 
ten  or  more  qualified  electors  to  the  regular  annual  meeting  of 
each  district  proposed  to  be  so  joined  in  such  high  school  district, 
or  at  a  special  meeting  called  for  that  purpose,  as  provided  by  law, 
the  proposition  shall  be  submitted  to  the  electors  at  that  meeting. 
Those  adjoining  districts  in  which  a  majority    of  the    votes    of 
each  district  cast  on  the  proposition  to  be  united  for  high  school 
purposes,  are  cast  in  favor  of  the  proposition,  shall  thereby  be 
organized  as  a  rural  high  school  district,  and  the  directors  shall 
so  notify  the  county  clerk  who  shall  cause  the  fact  to  be  entered 
on  the  public  records. — Emergency. 

6804  Sec.    105.      Establishment  completed — name. — W  hen 
any  two  or  more  adjoining  school  districts  in  any  county  shall 
have  voted  to  unite  for  high  school  purposes,  the  officers  thereof 
shall  certify  the  fact  to  the  county  superintendent  of  the  county, 
who  shall  thereupon  give  to  such  high  school  district  so  formed 
an  appropriate  name,  not  borne  by  any  other  school  district  or 
high   school   district   in   the   county,   and   it   shall   thereafter   be 

known  by  such  name  as  the high  school  district  of 

county,  Nebraska.     Where  the  majority  of  votes  of  each  district 
are  cast  for  such  a  union  of  districts  and  such  high  school  is  estab- 
lished, no  district  can  withdraw  its  support  from  the  union  with- 
out   the   mutual    consent    of   all    the    districts    expressed    by    the 
majority  vote  of  each. — Emergency. 

6805  Sec.  106.      Enlargement     of     district. — After     any    such 
school  district  has  been  established,  if  any  adjoining  common 
school  district  shall,  by  a  majority  vote  of  the  qualified  voters 
therein  at  any  annual  or  special  meeting,  express  a  desire  to  unite 
with  and  be  included  in  such  high  school  district  for  the  benefits 
thereof,  it  may  be  done:     Providing,  this  proposition  is  accepted 
by  a  majority  vote  of  all  qualified  voters  at  an  annual  or  special 


THE  NEBRASKA  SCHOOL  LAWS  59 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA 

meeting  in  a  majority  of  the  school  districts  so  united,  or  if  but 
two  districts,  in  each.  Notice  of  such  acceptance,  by  the  president 
of  the  high  school  district  to  the  moderator  of  the  common  school 
district,  shall  operate  as  official  proclamation  of  the  incorpora- 
tion of  the  common  school  district  in  and  part  of  the  high  school 
district. — Emergency. 

6806  Sec.  107.     Trustees — government. — The  moderators  for 
the  time  being  of  the  several  school  districts  so  joined  for  high 
school    purposes,    provided    the   number    of   such    districts   shall 
exceed   two,   shall   be  the   trustees   and   governing   body  of  such 
high  school  district.     If  the  number  of  such  districts  shall  be  two 
only,  the  trustees  shall  annually  choose  a  third  person,  having 
the  qualifications   of  a  member  of  the  school  board  in  one  or  the 
other  of  the  respective  school  districts,  to  be  a  trustee  of  such 
high  school  district,  who  shall  within  ten  days  after  his  election 
file  with  such  trustees  or  one  of  them  a  written  acceptance  of  the 
office.      The  trustee  shall  annually,  subsequent  to  the     annual 
meetings  of  the  school  district  so  united  for  high  school  purposes, 
elect  from  their  number  a  chairman  and  a  clerk  and  shall  at  the 
same  time  elect  a  treasurer  who  may  or  may  not  be  one  of  their 
number.     They  shall  also  have  power  to  fill  any  vacancy  that  may 
occur  in  their  number  or  in  any  of  the  offices  till  the  same  can  be 
regularly  filled. — Emergency. 

6807  Sec.  108.      Same — lease   or   purchase   of   building. — The 
trustees  shall  have  all  the  power  of  school  boards  of  school  dis- 
tricts in  this  state  with  reference  to  the  lease,  purchase,  acquisi- 
tion  or   disposition   of   buildings,   sites   and   property   for   school 
purposes:      Provided,    where    the    provisions    of   law   require    the 
consent    or    authority    or    direction    of    the    school    district,    the 
trustees  may  be  authorized  by  the  votes  of  meetings  of  a  majority 
of  the  districts  so  united,  or  if  the  districts  are  two  only,  of  each 
of  them. — Emergency. 

6808  Sec.  109.      Powers   and   duties   of   officers. — The   powers 
and  duties  of  the  chairman,  clerk  and  treasurer  respectively  of 
such  board  of  trustees  shall  be  the  same  as  near  as  may  be,  as 
those  of  the  moderator,  director  and  treasurer  respectively  of  a 
school  district,  as  fixed  in  Article  Four  of  this  chapter  except  that 
no  census  of  such  high  school  district  shall   be  required  to  be 
taken,  and  that  contracts  with  teachers  shall  require  the  sanction 
of  a  majority  of  the  trustees. — Emergency. 

6809  Sec.  110.      Trustees  establish  and  maintain  high  school. 
—The  trustees  shall-establish  and  maintain  a  high  school  in  the 

district  at  such  place  as  they  may  deem  most  expedient,  and  to 
that  end  shall,  with  the  advice  and  approval  of  the  county  super- 
intendent, have  authority  to  determine  the  qualifications  for 
admission  to  such  high  school,  to  employ  all  necessary  teachers, 
to  prescribe  courses  of  study  and  text  books,  to  determine  the  rate 
of  tuition  to  be  paid  by  non-resident  pupils  attending  any  such 


00  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

high  school,  and  to  make  such  rules  and  regulations  as  they  may 
think  needful  for  the  government  of  such  school  and  for  the 
preservation  of  the  property  of  such  high  school  district :  Provided 
the  course  of  .study  shall  conform  to  the  general  course  of  study 
and  graduation  prescribed  by  the  state  superintendent  of  public 
instruction,  which  he  is  hereby  authorized  to  prescribe  for  all 
high  schools  maintained  under  the  provisions  of  this  article. — 
Emergency. 

6810  Sec.  111.  (a)  Expense  of  maintaining. — The  expenses 
of  maintaining  such  high  schools  shall  be  borne  by  the  several 
school  districts  united  for  the  purpose,  in  proportion  to  their 
assessed  valuation.  To  that  end,  the  trustees  shall,  prior  to  each 
annual  school  district  meeting,  prepare  an  estimate  of  the  sums 
required  for  the  maintenance  of  the  high  school  during  the  com- 
ing year,  and  the  share  to  be  borne  by  each  school  district,  and 
the  number  of  mills  necessary  to  be  levied  in  each  of  the  districts 
so  united  to  meet  its  share,  and  shall  further  certify  the  estimate, 
the  amount  of  the  share  and  the  amount  of  the  required  levy  to 
each  of  the  district  meetings.  In  case  the  meetings  in  a  majority 
of  the  districts  so  united,  or  in  case  there  are  but  two  in  each,  shall 
reject  such  estimates,  the  trustees  shall  at  once  give  ten  days' 
notice,  by  posting  the  same  upon  the  door  of  such  schoolhousc 
in  each  of  the  districts  and  in  three  other  of  the  most  con- 
spicuous places  in  each  district,  of  a  meeting  of  all  the  qualified 
voters  of  each  of  the  districts  so  united  for  high  school  purposes, 
at  some  accessible  place  within  the  limits  of  the  high  school 
districts,  for  the  purpose  of  settling  the  amount  required  to  main- 
tain such  high  school,  the  share  of  each  district,  and  the  number 
of  mills  required  to  be  levied.  At  such  meeting  the  chairman  of 
the  board  of  trustees  shall  preside  and  the  clerk  shall  record  its 
proceedings.  The  meeting  shall  fix,  by  a  majority  vote  of  the 
qualified  voters  of  the  several  districts  present,  the  amount  neccvs- 
sary  to  be  raised,  the  share  of  each  district  and  the  levy  necessary 
in  each  district  to  meet  such  share,  and  the  clerk  shall  thereupon 
forthwith  certify  the  number  of  mills  so  fixed  upon  to  be  levied 
in  each  district  to  the  county  board.  In  case,  however,  the  esti- 
mates so  prepared  by  the  trustees  shall  not  be  acted  upon  at  Hit- 
district  meeting  or  shall  not  be  rejected  as  above  provided,  then 
the  trustees  shall  certify  the  same  as  by  them  originally  fixed  to 
the  county  board;  the  tax  so  fixed  shall  be  levied  in  each  school 
district  by  the  county  board  and  collected  as  other  county  taxes, 
and  the  proceeds  thereof  shall  be  turned  over  to  the  treasurer  of 
such  high  school  district,  except  the  principal  sum  of  bonds  for 
the  erection  of  a  building,  as  hereinafter  provided,  shall  in  no 
year  be  suffered  to  exceed  seventy-five  per  cent  of  the  aggregate 
expense  of  maintaining  all  the  common  schools  of  the  districts 
so  united  for  high  school  purposes. 

(b)  All  rural  high  school  districts  which  are  now  or  hereafter 
established  with  suitable  grounds  and  a  two  room  school  building 


THE  NEBRASKA  SCHOOL  LAWS  61 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

and  the  necessary  departments  and  equipment  for  teaching  agri- 
culture and  home  economics  or  other  industrial  and  vocational 
subjects  and  employing  teachers  holding  a  certificate  showing 
their  qualifications  to  teach  said  subjects,  and  in  which  said 
subjects  are  provided  as  a  part  of  the  regular  course  in  su«-h 
schools,  subject  to  the  approval  of  the  superintendent  of  public 
instruction,  shall  be  awarded  and  paid  from  the  state  treasury, 
from  moneys  not  otherwise  appropriated,  the  sum  of  $100  toward 
the  equipment  required,  and  the  further  sum  of  $150  annually. 

(c)  All  rural  high  school  districts  which  are  now  or  here- 
after established  with  suitable  grounds  and  a  three  room  building 
and    the    necessary    departments    and    equipment    for    teaching 
agriculture  and  home  economics  or  other  suitable  and  vocational 
subjects    and    employing    teachers    holding    certificates    showing 
their   qualifications   to   teach   said   subjects,   and   in   which   said 
subjects   are   provided   as   a   part   of   the   regular   course   in   such 
schools,  subject  to  the  approval  of  the  superintendent  of  public 
instruction,  shall  be  awarded  and  paid  from  the  state  treasury, 
from  moneys  not  otherwise  appropriated,  the  sum  of  $150  toward 
the  equipment  required  and  the  further  sum  of  $200  annually. 

(d)  All  rural  high  school  districts  which  are  now  or  hereafter 
established  with  suitable  grounds  and  a  four  or  more  room  school 
building    and    the    necessary    departments    and    equipments    for 
teaching  agriculture  and  home  economics  or  suitable  vocational 
subjects    and    employing    teachers    holding    certificates    showing 
their   qualifications   to   teach   said   subjects,    and   in   which   said 
subjects  are  provided  as  a  part  of  the  regular  course  in  suchschool, 
subject  to  the  approval  of  the  superintendent  of  public  instruc- 
tion, shall  be  awarded  and  paid  from  the  state  treasury,  from 
moneys  not  otherwise  appropriated,  the  sum  of  $250  toward  the 
equipment   required   and   the   further   sum    of   $300   annually. — 
Emergency. 

6811  Sec.  112.      Bonds — when  issued. — When  authorized  by  a 
two-thirds  majority  vote  of  all   qualified  voters    present    at    an 
annual  or  special  meeting  in  a  majority  of  the  school  districts  so 
united,  or  if  there  be  but  two  districts  so  united,  in  each,  the  trus- 
tees may  issue  and  negotiate  the  bonds  of  such  high  school  dis- 
trict for  the  purpose  of  raising  money  to  provide  for  the  erection 
and  furnishing  of  the  improvement  of  a  high  school   building. 
The  bonds  so  issued  shall  not  when  added  to  the  aggregate  of  the 
bonded  indebtedness  of  the  several  school  districts  so  united  for 
high  school  purposes  exceed  ten  per  cent  of  the  aggregate  assessed 
valuation  of  the  several  school  districts  as  shown  by  the  last  pre- 
ceding assessment. — Emergency. 

6812  Sec.  113.      Provision  and  terms. — The  bonds  shall  con- 
form   to,    and    their    payment,    cancellation,    refunding    and    the 
application  of  the  proceeds  thereof,  shall  be  governed  by  and  as 
provided   for  in  several  provisions  of  Article  VIII  of  Chapter  8  of 
the  Revisefl  Statutes.     Emergency. 


62  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 


ARTICLE  VIII. 


FREE  HIGH  SCHOOL  EDUCATION. 


SECTION 

6813.  High  school  grade    defined— course    of 

study — rules  of  admission. 

6814.  Tuition  charges. 

6815.  Application   of   parent   or   guardian — 

estimate  of  County  Supt. — levy. 


SECTION 

6816.  District  board  deliver  estimate  of  levy 

to  County  Clerk. 

6817.  Same— County  Superintendent. 

6818.  No  levy. 


6813  Sec.  114.  High  school  grade  defined — course  of  study — rules  of 
admission. — Provision  is  hereby  made  for  four  years  of  free  public  high  school 
education  for  all  the  youth  of  this  state  whose  parents  or  guardians  live  in 
public  school  districts  which  maintain  less  than  a  four- year  high  school  course 
of  study,  on  the  following  conditions,  to  wit: 

First — For  the  purposes  of  this  act  all  grades  above  the  eighth  grade  in 
any  public  school  district  of  this  state  shall  be  deemed  high  school  grades. 
The  course  of  study  for  the  first  eight  grades  shall  be  the  course  of  study 
prescribed  by  the  state  superintendent  of  public  instruction  or  a  course  of 
study  approved  by  him,  and  the  course  of  study  for  the  high  school  grades 
shall  be  the  Nebraska  High  School  Manual  issued  jointly  by  the  University 
of  Nebraska  and  the  state  superintendent  of  public  instruction  or  a  course  of 
study  approved  by  the  state  superintendent  of  public  instruction. 

Second — Every  pupil  to  be  entitled  under  the  provisions  of  this  article  to 
free  public  high  school  education  in  the  ninth  grade  of  any  public  school 
district  maintaining  such  grade  must  have  a  certificate  signed  by  the  county 
superintendent  of  the  proper  county  that  he  has  completed  the  course  of  study 
prescribed  by  the  state  superintendent  for  work  below  the  ninth  grade  as  set 
forth  in  the  first  condition  of  this  section  and  that  he  is  unable  to  secure 
ninth  grade  work  in  the  public  school  district  of  his  residence. 

Third — Every  pupil  to  be  entitled  under  the  provisions  of  this  article  to 
free  public  high  school  education  in  the  tenth  grade  of  any  public  school  dis- 
trict maintaining  such  grade  must  have  a  certificate  signed  by  the  county 
superintendent  of  the  proper  county  that  he  has  completed  the  course  of 
study  for  the  ninth  grade  as  set  forth  in  the  first  condition  of  this  section  and 
that  he  is  unable  to  secure  tenth  grade  work  in  the  public  school  district  of 
his  residence. 

Fourth — Every  pupil  to  be  entitled  under  the  provisions  of  this  article  to 
free  public  high  school  education  in  the  eleventh  grade  of  any  public  school 
district  maintaining  such  grade  must  have  a  certificate  signed  by  the  county 
superintendent  of  the  proper  county  that  he  has  completed  the  course  of 
study  for  the  tenth  grade  as  set  forth  in  the  first  condition  of  this  section  and 
that  he  is  unable  to  secure  eleventh  grade  work  in  the  public  school  district 
of  his  residence. 

Fifth—Every  pupil  to  be  entitled  under  the  provision  of  this  article  to  free 
public  high  school  education  in  the  twelfth  grade  of  any  public  school  district 
maintaining  such  grade  must  have  a  certificate  signed  by  the  county  superin- 
tendent of  the  proper  county  that  he  has  completed  the  course  of  study  for 


THE  NEBRASKA  SCHOOL  LAWS  63 

COMPILED  BY   KLOPP  A  BARTLETT  CO..  OMAHA. 

the  eleventh  grade  as  set  forth  in  the  first  condition  of  this  section  and  that  he 
is  unable  to  secure  twelfth  grade  work  in  the  public  school  district  of  his 
residence. 

Sixth — Every  non-resident  pupil  attending  any  public  school  under  the 
provisions  of  this  article  shall  have  the  same  rights  and  shall  be  subject  to 
the  same  rules  and  restrictions  which  govern  resident  pupils  attending  such 
public  school.  Any  public  school  district  unable  to  furnish  accommodations 
to  non-resident  pupils  without  constructing  or  renting  additional  buildings, 
hiring  extra  teachers,  or  for  other  reasonable  cause,  may  refuse  admission 
to  any  or  all  such  non-resident  pupils. 

6814  Sec.  115.     Tuition    charges. — Every    public    school    dis- 
trict granting  free  public  high  school  education  to  non-resident 
pupils  under  the  provisions  of  this  act  shall  receive  the  sum  of 
one  dollar  for  each  week's  attendance  by  each  non-resident  pupil 
from  the  public  school  district  in  which  the  parent  or  guardian 
of  such  non-resident  pupil  maintains  his  legal  residence.     Such 
public  school  district  is  hereby  made  liable  for  the  payment  of 
such  tuition.     Provided,  however,  that  if  such  school  district  in 
which  the  parent  or  guardian  of  such  non-resident  pupil  main- 
tains his  legal  residence  is  not  able  to  maintain  nine  months  of 
school  out  of  its  own  resources  after  levying  the  full  amount  of 
taxes  it  is  permitted  by  law  to  levy  for  school  purposes,    together 
with  the  apportionment  from  the  state  school  fund,  then  and  in 
that  case,  said  district  shall  not  be  liable  for  such  tuition. 

6815  Sec.  116.     Application     of     parent     or     guardian — estimate      of 
county  superintendent — Levy — The  parent  or  guardian  of  any  pupil  desiring 
to  take  advantage  of  the  provisions  of  this  article  for  free  high  school  education 
shall  make  application,  in  writing,  to  the  county  superintendent  of  the  proper 
county  on  or  before  the  second  Monday  in  June  of  each  year.    Such  applica- 
tion must  show  the  number  of  the  public  school  district  in  which  such  parent 
or  guardian  maintains  his  legal  residence,  the  number  of  pupils  for  whom  free 
high  school  education  is  desired,  and  the  high  school  grade  which  each  pupil 
is  to  enter.    It  shall  be  the  duty  of  the  county  superintendent  to  make  and 
deliver  to  the  director  or  the  secretary  of  the    board  of  education  of  such 
public  school  district  on  or  before  the  annual  meeting  of  each  year  an  itemized 
estimate  of  the  amount  necessary  to  pay  the  tuition  of  all  pupils  in  that  dis- 
trict entitled  to  and  for  whom  proper  application  has  been  made  for -free  high 
school  education  as  in  this  article  provided.    Such  estmate  shall  show  definitely 
the  number  of  pupils  for  whom  proper  application  has  been  made  for  free  high 
school  education  and  the  grade  each  pupil  is  to  enter.    The  director  or  secre- 
tary of  the  board  of  education  of  such  public  school  district  shall  include  said 
estimate  for  free  high  school  education  in  his  itemized  estimate  which  he  is 
required  to  present  at  each  annual  school  district  meeting  as  provided  in 
section  41,  of  this  chapter.     The  legal  voters  at  the  annual   school  district 
meeting  each  year  shall  determine  the  amount  of  money  required   for  free 
high  school  education  during  the  coming  school  year  as  in  this  article  pro- 
vided, which  shall  be  an  amount  sufficient  to  provide  free  high  school  edu- 
cation in  accordance  with  the  estimate  furnished  the  annual    school  dis- 


64  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.,  OMAHA. 

trict  meeting  by  the  director  or  secretary  of  the  hoard  of  education  as  here- 
in required,  and  the  amount  of  money  so  required  shall  be  levied  as  a  tax  upon 
all  the  taxable  property  of  the  school  district.  Immediately  after  the  annual 
school  d'istrict  meeting  and  not  later  than  the  first  Monday  in  July  the  di 
trict  board  or  the  board  of  education  of  such  public  school  district  shall  make 
and  deliver  to  the  county  superintendent  and  to  the  county  clerk  of  each 
county  in  which  any  part  of  such  public  school  district  is  situated  reports 
in  writing,  of  all  the  taxes,  including  the  tax  necessary  for  free  high  school 
education  as  in  this  article  provided,  voted  by  the  public  school  district  for  the 
coming  school  year,  to  be  levied,  on  all  the  taxable  property  of  the  district 
and  to  be  collected  by  the  county  treasurer  as  provided  in  section  82  of  this 
chapter.  The  tax  for  free  high  school  education,  when  collected,  shall  constitute 
a  fund  to  be  known  as  the  "free  High  School  Fund"  and  shall  be  placed  to  the 
credit  of  each  public  school  district  in  which  such  tax  is  levied.  Money  belong- 
ing to  the  Free  High  School  Fund  of  any  public  school  district  shall  be  paid  out 
by  the  county  treasurer  to  the  treasurer  of  the  public  school  district  earning 
such  tuition  at  the  end  of  each  school  term  upon  an  order  signed  by  the  direct 
tor  and  countersigned  by  the  moderator  of  the  public  school  district  liable 
for  such  tuition,  drawn  against  the  fund.  Money  remaining  in  the  Free 
High  School  Fund  of  any  district  at  the  end  of  each  school  year  after  the 
purpose  for  which  it  was  raised  has  been  accomplished  and  after  all  debts  for 
which  the  fund  is  liable  have  been  discharged  shall  be  transferred  by  the 
county  treasurer  to  the  general  fund  of  each  district. 

If  a  school  district  fails  to  vote  the  necessary  high  school  tax,  or  the  district  board  fails 
to  make  the  necessary  report  to  the  county  superintendent,  it  becomes  the  duty  of  the  county 
superintendent  to  make  and  deliver  such  report  to  the  county  clerk  whose  duty  it  is  to  make 
the  required  levy  the  same  as  though  the  tax  had  been  voted  at  the  annual  school  district 
meeting. 

The  neglect  of  the  parent  to  discharge  his  duty  means  the  loss  of  free  high-school  privi- 
leges for  his  children  for  the  ensuing  year. 

All  the  parent  needs  to  decide  is  that  free  high-school  privileges  are  desired  for  the  ensu 
ing  year.  If  proper  application  is  made,  the  parent  or  guardian  may  later  make  choice  of 
place  of  attendance. 

A  pupil  seeking  free  high  school  tuition  must  be  a  resident  of  the  district  at  the  time 
of  the  annual  meeting,  and  must  at  that  date  have  the  county  superintendent's  certificate 
that  he  has  completed  the  school  work  of  such  district.  Otherwise,  a  district  is  not  legally 
answerable  for  his  tuition. 

A  pupil  is  entitled  to  free  high  school  attendance  only  so  long  as  the  legal  residence  of 
his  parents  or  guardian  is  maintained  in  the  district  of  his  residence  at  the  time  an  application 
for  free  high  school  attendance  was  made,  and  in  the  district  in  which  the  tax  was  levied 
pay  for  such  free  high  school  tuition.  Should  the  parent  or  guardian  remove  to  another  dis- 
trict before  the  expiration  of  the  time  for  which  free  high  school  attendance  was  applied  for 
the  district  in  which  a  tax  was  levied  should  then  cease  to  pay  for  such  pupil.  The  district 
is  authorized  to  pay  free  high  school  tuition  only  for  the  resident  pupils  of  the  district  who  are 
entitled  to  such  free  high  school  privileges.  The  pupil  becomes  a  non-resident  of  the  district 
which  levied  the  tax  for  his  tuition  when  his  parent  or  guardian  removes  to  another  district. 
Such  pupils  will  then  have  no  claim  on  the  district  which  levied  the  tax  for  free  high-school 
tuition. 

The  free  high  school  tax  levy  is  entirely  independent  of  the  maximum  levy  of  twenty  five 
mills  for  the  maintenance  of  school,  and  is  known  as  the  "Free  High-School  Fund,"  and  as 
such  is  to  be  placed  to  the  credit  of  each  public  school  district  in  which  such  free  high  school 
tax  is  levied.  It  follows,  therefore,  that  a  school  district  voting  twenty-five  mills  tax  tor  main- 
taining school  must  vote  in  addition  thereto,  the  necessary  tax  for  payment  of  tuition  of  all 
pupils  of  such  district  entitled  to  free  high  school  privileges. 

6816  Sec.  117.  District  board  deliver  estimate  of  levy  to  county  clerk. 
— If  the  annual  school  meeting  in  any  public  school  district  wherein  there  are 
pupils  entitled  to  and  desiring  free  high  school  education  as  in  this  article  pro- 
vided neglect  or  refuse  to  vote  the  necessary  tax  therefor,  the  school  district 
board  or  the  board  of  education  of  such  public  school  district  shall  make  and 
deliver  to  the  county  superintendent  and  to  the  county  clerk  of  each  county 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY   KLOPP  ft  BARTLETT  CO..  OMAHA. 


65 


in  which  any  part  of  the  school  district  is  situated,  not  later  than  the  first 
Monday  in  July,  an  itemized  estimate  of  the  amount  necessary  to  be  expended 
during  the  ensuing  school  year  for  free  high  school  education  by  such  public 
school  district.  It  shall  be  the  duty  of  the  county  clerk  to  levy  such  tax-en- 
all  the  taxable  property  of  such  public  school  district  the  same  as  though  said 
tax  had  been  voted  by  the  annual  school  district  meeting,  to  be  collected  and 
disbursed  by  the  county  treasurer  as  provided  in  the  next  preceding  section. 

6817  Sec.  118.     Same — county  superintendent. — If  the  district   board 
or  board  of  education  of  any  public  school  district  wherein  there  are  pupils 
entitled  to  and  desiring  free  high  school  education  as  in  this  act  provided 
neglect  or  refuse  to  make  and  deliver  the  required  estimate  as  set  forth  in 
the  next  preceding  section,  the  county  superintendent  of  the  proper  county 
shall  make  and  deliver  to  the  county  clerk  of  each  county  in  which  any  part  of 
such  public  school  district  is  situated,  not  later  than  the  first  Monday  in 
August  following  the  annual  school  district  meeting,  an  itemized  estimate  of 
the  amount  necessary  to  be  expended  by  such  public  school  district  during  the 
ensuing  year  for  free  high  school  education.    It  shall  be  the  duty  of  the  county 
clerk  to  levy  such  tax  on  all  the  taxable  property  of  such  school  district  the 
same  as  though  such  tax  had  been  voted  by  the  annual  school  district  meet- 
ing, to  be  collected  by  the  county  treasurer  at  the  same  time  and  in  the  same 
manner  as  the  state  and  county  taxes  are  collected,  and  when  collected  to  be 
paid  out  as  provided  in  the  second  next  preceding  section. 

6818  Sec.  119.     No   levy. — In   a   public   school   district   in   which    in 
any  year  there  are  no  pupils  entitled  to  and  desiring  free  high  school  educa- 
tion as  in  this  act  provided  no  tax  shall  be  levied  for  such  purpose  in  that  year. 


ARTICLE  IX. 


COUNTY  HIGH  SCHOOLS. 


SECTION 

6819.  Establishment. 

6822.  Governing  board. 

6823.  Powers  of  board— teachers— estimate. 

6824.  Record  of  board. 

6825.  Treasurer— duties— claims. 

6826.  Rules  and  regulations. 

6827.  Board  compensation  meetings. 


SECTION 

6828.  Certificates  and  diplomas. 

6829.  Morals  of  pupils. 

6830.  When  district  property  not  taxed. 

6831.  Tuition. 

6832.  Bonds. 

6833 .  Who  can  vote  on  high  school  proposi  tion . 
6835.  Schools— County  High. 


6819  Sec.  120.  Establishment. — A  county  high  school  shall 
be  established  by  every  county  in  which  there  is  not  now  located  a 
twelfth  grade  high  school  accredited  to  the  state  university  in 
the  manner  hereinafter  prescribed  for  the  purpose  of  affording 
better  education  facilities  for  pupils  who  have  advanced  beyond 
the  eighth  grade.  For  the  purpose  of  this  article  all  grades  above 
the  eighth  grade  in  any  public  school  district  in  this  state  shall 
be  deemed  high  school  grades.  The  course  of  study  for  the  high 
school  grades  shall  be  the  Nebraska  high  school  manual  issued 


66  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

jointly  by  the  University  of  Nebraska  and  the  state  superintendent 
of  public  instruction,  or  a  course  of  study  approved  by  the  state 
superintendent  of  public  instruction;  and,  in  addition  thereto, 
there  shall  be  taught  and  practiced  in  the  ninth  and  tenth  grades, 
manual  training,  domestic  science  and  the  elements  of  agricul- 
ture and  in  the  eleventh  and  twelfth  grades  normal  training  and 
the  theory  and  practice  of  agriculture.  For  the  purpose  of 
such  teaching  and  practice  the  board  of  regents  is  hereby  authori- 
ized  to  purchase  the  necessary  apparatus  and  materials.  The 
county  board  shall  purchase  a  tract  of  land  not  less  than  five 
acres  conveniently  situated  near  said  county  high  school,  for 
actual  practice  by  all  the  students  or  a  part  of  the  students, 
under  the  direction  of  a  competent  instructor,  for  experimenta- 
tion in  all  forms  of  agriculture. — Emergency. 

Sec.  120a.  Compulsory,  where. — The  county  "board  of  any  county 
in  this  state  that  does  not  have  organized  within  the  "borders  of  such 
county,  a  twelfth  grade  high  school  accredited  to  the  State  University,  shall 
be  deemed  authorized  and  it  shall  become  their  duty  on  the  first  Monday  of 
June  to  call  a  meeting  of  all  the  directors  of  the  several  school  districts  in 
the  county  to  meet  at  the  county  seat  to  elect  a  board  of  regents  in  accord- 
ance with  the  provisions  of  law  governing  boards  of  regents  for  county  high 
schools  and  which  provisions  shall  apply  to  a  school  organized  by  the  county 
commissioners  or  supervisors  the  same  as  if  organized  as  now  provided  for 
by  law.  The  county  high  school  herein  provided  for  by  law  shall  be  located 
at  the  county  seat  of  such  county. 

6822  Sec.  123.     Governing  board. — The  board  of  such  county  high 
school  shall  consist  of  five  members,  to  be  known  as  the  board  of  regents. 
Three  members  of  the  board  shall  be  elected  as  follows:     The  directors  of  the 
various  school  districts  shall  meet  in  the  office  of  the  county  superintendent  of 
public  instruction  on  the  last  Saturady  in  June,  following  the  establishment  of 
any  such  school,  and  there  choose  by  ballot  a  board  of  three  regents,  one  to 
serve  for  the  term  of  one  year,  one  for  the  term  of  two  years,  one  for  the 
term  of  three  years;  and  one  shall  be  chosen  annually  thereafter  whose 
term  of  office  shall  be  for  three  years  or  until  his  successor  is  elected  and 
qualifies.     The  board  of  regents  shall  have  power  to  fill  any  vacancy  that 
may  occur  in  their  number  until  the  next  annual  school  meeting.    The  county 
treasurer  shall  by  virtue  of  his  office  be  the  treasurer  of  the  board.     The 
county  superintendent  of  public  instruction  shall  by  virtue  of  his  office  be  the 
secretary  of  said  board. 

6823  Sec.  12 i.     Powers  of  board — teachers — estimate. — The  board  of 
regents  shall  have  power  to  employ  a  superintendent  for  a  term  of  three  years 
and  assistant  teachers  for  a  term  of  two  years,  and  such  other  employees  as 
may  be  required,  to  fix  their  compensation  and  prescribe  their  duties.    They 
shall  have  power  to  remove  all  persons  appointed  by  them,  by  a  majority 
vote,  to  adopt  books  and  purchase  fuel.     They  shall  annually  during  the 
month  of  June  make  an  estimate  of  the  amount  of  funds  required  for  the 
support  of  the  schools  during  the  fiscal  year  next  ensuing,  the  amount  of 
funds  required  for  the  purpose  of  school  sites,  the  erection  of  school  build- 


THE  NEBRASKA  SCHOOL  LAWS  67 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

ings,  the  payment  of  interest  on  bonds  issued  for  school  purposes  and  the 
creation  of  a  sinking  fund  for  the  payment  of  such  indebtedness,  and  the 
county  board  when  sitting  as  a  board  at  the  time  provided  by  law  for  levying 
taxes,  are  hereby  authorized  and  required  to  levy  the  tax  recommended  by 
the  board  of  regents  the  same  as  other  taxes  are  levied.  But  in  no  case  shall 
the  aggregate  tax  for  the  county  high  school,  exclusive  of  the  levy  for  pay- 
ing the  principal  and  interest  of  bonds,  exceed  five  mills  upon  each  dollar  of 
assessed  valuation  of  the  property  of  the  county. 

6824  Sec.  125.     Record  of  board. — It  shall  be  the  duty  of  the  secretary 
of  the  board  of  regents  to  keep  an  exact  and  detailed  account  of  the  doings 
of  the  board  in  a  book  kept  for  that  purpose  and  such  other  matters  as  may 
be  provided  by  law,  and  shall  make  reports  as  provided  by  law. 

6825  Sec.  126.     Treasurer — duties — claims. — The  treasurer  shall  keep 
separate  and  apart  the  proceeds  of  the  tax  levied  for  the  support  and  mainten- 
ance of  the  county  high  school  a  fund  to  be  known  as  the  high  school  fund,  and 
shall  only  pay  out  the  same  upon  warrants  duly  issued  against  the  high  school 
fund,  when  signed  by  the  president  of  the  board  of  regents,  countersigned  by 
the  secretary  of  the  board  and  attested  by  the  seal  of  the  county.    The  board 
of  regents  shall  not  allow  any  claims  or  demands  against  such  funds  unless 
the  same  be  duly  verified.     The  preservation  and  disbursement  of  such  high 
school  fund  is  hereby  made  a  part  of  the  duty  of  the  county  treasurer  within 
this  state,  and  he  shall  be  liable  upon  his  official  bonds  the  same  as  for  any 
other  moneys  now  held  in  his  hands  by  virtue  of  said  office. 

6826  Sec.  127.     Rules  and  regulations. — The  board   of    regents  shall 
make  all  needful  rules  and  regulations  for  the  discipline,  careful  preservation 
of  the  school  buildings,  furniture,  apparatus,  grounds,  and  all  other  property 
belonging  to  the  school.     All  teachers  and  other  subordinates  in  the  school 
shall  be  under  the  direction  of  he  superintendent  elected  by  the  board  of 
regents,  subject  to  the  general  control  and  regulation  of  such  board. 

6827  Sec.  128.     Board — compensation — meetings. — Th&  board  of   re- 
gents shall  receive  no  compensation  for  their  services  except  for  actual  ex- 
penses incurred  in  attending  upon  meetings.    The  treasurer  and  the  secretary 
shall  have  a  vote  upon  matter  pending  before  the  board.    The  board  of  regents 
shall  meet  annually  on  the  second  Tuesday  after  the  first  Monday  in  July, 
at  which  time  they  shall  elect  a  president  from  among  their  own  number,  but 
special  meetings  may  be  held  at  any  time  at  the  call  of   the    president    of 
such  board. 

6828  Sec.  129.     Certificates  and  diplomas. — The  board  of  regents  is 
hereby  authorized  to  issue  certificates  and  diplomas  when  any  student  com- 
pletes a  prescribed  course  of  study  in  a  satisfactory  manner,  and  the  same 
shall  have  such  force  and  effect  as  may  be  determined  by  the  state  superin- 
tendent of  public  instruction  to  entitle  the  holder  to  teach  in  any  of  the 
schools  of  the  county  without  further  examination  for  the  space  of  three  years. 

6829  Sec.  130.     Morals  of  pupils. — The  board  of  regents,  in  their  rules 
and  regulations,  and  the  superintendent  elected  by  the  board,  in  his  super- 
vision and  government  of  the  school,  shall  exercise  a  watchful  guardianship 
over  the  morals  of  the  pupils. 

6830  Sec.  131.     When    district    property    not   taxed. — Whenever   the 


68  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  a  BARTLETT  CO..  OMAHA. 

proper  officers  of  any  rural  high  school  or  city  or  village  high  school  shall 
certify  to  said  board  of  regents,  on  or  before  the  15th  day  of  June  of  each  year, 
that  a  course  of  study  beyond  the  first  eight  grades  has  been  prescribed  for 
the  school  for  the  ensuring  year,  then  all  of  the  property  within  said  district 
or  districts  shall  be  omitted  from  the  levy  of  the  tax  for  the  support  and  main- 
tenance of  the  county  high  school  for  the  ensuing  year. 

6831  Sec.  132.     Tuition. — Tuition  shall  be  free  to  all  pupils  residing  in 
the  county  where  the  school  is  located,  but  if  at  any  time  the  school  can 
accommodate  more  pupils  than  apply  for  admission  from  the  county  in  which 
the  school  is  situated,  the  board  of  regents  may  admit  pupils  from  without  the 
county  upon  the  payment  of  such  tuition  as  the  board  of  regents  may  prescribe. 
Such  pupils,  so  admitted,  shall  be  subject  to  the  same  rules  as  to  discipline 
as  are  resident  pupils. 

Where  there  is  no  incorporated  town  or  village  in  the  county,  the  electors  of  that  county 
may  locate  the  county  high  school  at  the  most  convenient  and  accessible  point  in  the  county. 

6832  Sec.    133.   Bonds. — The   board   of   county   commissioners   or   the 
Board  of  Supervisors  may  borrow  money  upon  bonds  which  they  are  hereby 
authorized  and  empowered  to  issue,  for  the  purpose  of  purchasing  a  site 
and  lands  to  be  used  for  experiment  purposes,  erecting  suitable  buildings 
and  furnishing  and  equipping  the  same  for  such  county  high  school.    Such 
bonds  to  bear  interest  at  a  rate  not  exceeding  six  per  centum  per  annum, 
payable  annually  or  semi-annually  at  such  place  as  may  be  designated  in 
said  bonds;  which  loan  shall  be  paid  and  reimbursed  in  a  period  not  ex- 
ceeding thirty  years  from  the  date  of  the  bonds.    Said  bonds  may  be  made 
optional  on  any  interest  paying  date.     Provided  that  no  bonds  shall  be 
issued  until  a  petition  signed  by  at  least  one-third  of  the  qualified  voters 
as  denned  in  this  act  of  each  precinct  or  township  of  the  county  shall  be 
presented  to  the  County  Board  asking  that  the  question  of  issuing  such 
bonds  be   submitted   in  such  county,   which  petition  shall  set  forth  the 
amount  to  be  voted,  which  amount  shall  not  exceed  ten  per  cent  of  the 
assessed  valuation  of  the  taxable  property  of  such  high  school  district  at 
the   last  completed   assessment,   the  time   the  bonds   are  to   run,   rate  of 
interest    and   purpose    of   issue.      Upon   the    filing    of   such    petition    the 
County  Board  shall  call  an  election  in  the  county,  notice  of  which  election 
shall  be  given  by  at  least  twenty  days  publication  of  the  same  in  at  least 
one  newspaper  published  in  the  county  and  the  posting  of  copies  of  the 
same  in  at  least  three  public  places  in  each  township  or  precinct.     The 
notices  shall  set  forth  the  proposition  in  full  and  the  time  and  place  for 
holding  such  election  in  each  precinct  or  township.     The  vote  shall  be  by 
ballot  and  if  a  majority  of  all  the  ballots  cast  at  such  election  shall  be  in 
favor  of  the  proposition  the  County  Board  shall  be  empowered  to  issue 
and  negotiate  the  bonds.     The  clerks  and  judges  of  election  shall  be  those 
appointed  to  act  at  the  general  election.     The  returns  of  such  election  to 
be  made  to  the  Co'unty  Board  and  the  County  Board  shall  canvass  and 
dclare    the    result    of    such    election.      Said    bonds    to    be    signed    by    the 
Chairman  of  the  County  Board  and  the  County  Clerk  and  be  attested  by  the 
seal  of  the  county,  and  when  issued  the  same  shall  be  sold  in  open  market 
to  the  highest  bidder  for  not  less  than  their  par  value. 


THE  NEBRASKA  SCHOOL  LAWS  69 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

6833  Sec.  134.  Who  can  vote  on  high  school  proposition. — 
Every  person,  male  or  female,  who  has  resided  in  the  state  six 
months  and  in  the  county  forty  days  and  in  the  precinct  or  town- 
ship ten  days,  and  is  twenty-one  years  old,  and  who  owns  real  or 
personal  property  that  was  assessed  in  the  county  in  his  or  In  r 
name  at  the  last  annual  assessment  or  who  has  children  of  school 
age  residing  in  the  voting  precinct  of  his  or  her  residence,  shall  be 
entitled  to  vote  on  the  question  of  voting  bonds  for  county  high 
school  purposes. — Emergency. 

6835  Sec.  136.  Schools — county  high. — The  county  board  of  any 
county  in  this  state  that  does  not  have  organized  within  the  borders  of 
such  county  a  twelfth  grade  high  school  accredited  to  the  state  univer- 
sity, shall  be  deemed  authorized  and  it  shall  become  their  duty  on  the 
first  Monday  of  June  to  call  a  meeting  of  all  the  directors  of  the  several 
school  districts  in  the  county  to  meet  at  the  county  seat  to  elect  a  board 
of  regents  in  accordance  with  the  provisions  of  law  governing  boards  of 
regents  for  county  high  schools,  and  which  provisions  shall  apply  to  a 
school  organized  by  the  county  board  the. same  as  if  organized  as  now 
provided  for  by  law.  The  county  high  school  herein  provided  for  by 
law  shall  be  located  at  the  county  seat  of  such  county. 


SECTION 


ARTICLE  X. 

NORMAL  TRAINING  IN  HIGH  SCHOOLS. 

SECTION 


6840.     Support  of  normal  training. 
6837.     State  Supt.  designates  high  schools. 


6838.  Admission — regulations. 

6839.  Requirements    of    normal    high    school 

training. 


6841.  Expenses  of  inspection. 

6842.  Reports  and  warrants. 


6836  Sec.  136.     Purpose. — For    the    purpose    of    giving     teachers    an 
opportunity  to  meet  the  requirements  in  normal  training  as  provided  in  sec 
tions  151  and  152  of  this  chapter,  provision  is  hereby  made  for  such  training 
in  the  high  schools  of  Nebraska. 

6837  Sec.  137.     State  superintendent  designates    high  schools. — The 
state  superintendent  of  public  instruction  shall  designate  the  high  schools  in 
which  such  instruction  shall  be  given,  distributing  them  among  the  sixty- 
seven  representative  districts  of  the  state,   as  nearly  as    may  be,  having 
reference  to  the  number  of  representatives  in  each,  and  to  the  location  and 
character  of  the  high  schools  selected. 

6838  Sec.  138.  Admission— regulations. — The  state  saredntendent 
shall  prescribe  the  conditions  of  admission  to  the  normal  training  classes, 
the  course  of  instruction,  and  the  rules  and  regulations  under  which  such 
instruction  shall  be  given. 

6839     Sec.  139.     Requirements   of   normal   high    school    training. — In 
approving  a  high  school  for  normal  training  as  contemplated  in  this   article. 


70  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

the  state  superintendent  shall  be  governed  by  the  following  general  require- 
ments, except  that  in  any  county  not  having  a  high  school  which  can  qualify 
under  these  requirements  the  state  superintendent  of  public  instruction  may 
designate  a  high  school  of  lower  grade  for  giving  such  normal  training. 

First. — A  high  school  in  order  to  be  approved  for  normal  training  must 
be  a  school  accredited  to  the  University  of  Nebraska. 

Second. — At  least  two  teachers  exclusive  of  the  city  superintendent  shall 
give  their  entire  time  to  instruction  in  high  school  branches. 

Third. — Normal  training  as  provided  in  this  article  shall  be  given  in  the 
eleventh  and  twelfth  grades.  Credit  for  such  training  shall  be  given  upon  the 
completion  of  the  prescribed  course  in  normal  training  and  the  regular  high 
school  course  of  study. 

Fourth. — The  course  in  normal  training  shall  be  elective,  and  shall 
consist  of  the  three  following  lines  of  study: 

(a)  A  review  for  at  least  nine  weeks  in  each  of  the  following  subjects — 
reading,  grammar,  arithmetic,  and  geography — to  be  given  not  earlier  than 
the  eleventh  grade.     This  work  shall  include  subject    matter,    underlying 
principles  and  methods  of  teaching,  and  should  enable  the  student  to  approach 
the  subject  from  the  standpoint  of  teacher  as  well  as  that  of  student.      It  shall 
be  given  by  well  trained,  experienced  teachers. 

(b)  A  study  of  American  history  for  at  least  one  semester  in  the  eleventh 
or  twelfth  grade. 

(c)  At  least  seventy-two  periods  of  professional  training  to  include  a 
study  of  methods,  school  management,  observation  work,  etc.,  to  be  given  in 
the  senior  year  by  the  city  superintendent  of  schools  or  by  a  member  of  the 
high  school  faculty  recommended  by  him  and  approved  by  the  state  superin- 
tendent of  public  instruction. 

Fifth. — Schools  offering  this  course  shall  have  a  reference  library  of  at 
least  three  volumes  on  each  of  the  following  fields  of  professional  study — history 
of  education,  principles  of  education,  methods,  and  special  training  in  indus- 
trial education,  including  agriculture. 

Sixth. — In  case  elementary  agriculture  is  not  in  the  regular  course  of 
study  it  shall  be  required  in  the  course  in  normal  training. 

Seventh. — Every  high  school  approved  for  normal  training  shall  instruct 
a  class  of  not  less  than  ten,  and  every  student  admitted  to  such  class  shall 
continue  under  instruction  not  less  than  eig  hteenweeks  in  order  to  be  counted 
in  such  class. 

6840  Sec.  140.     Support  of  normal  training. — The  sum  of  seven  hundred 
($700.00)  dollars  for  the  biennium  shall  be  paid  from  the  appropriation  made 
for  that  purpose  to  each  school  district  in  which  a  class  of  not  less  than  ten  is 
organized  and  instructed  in  accordance  with  the  provisions  of  this  act. 

6841  Sec.  141.     Expenses  of  inspection. — The  appropriation  provided 
by  this  article  for  instruction  in  high  schools  of  students  in  the  science  and 
practice  of  common  school  teaching  shall  be  deemed  to  include  and  shall 
include  due  inspection  and  supervision  of  such  instruction  by  the  state  super- 
intendent of  public  instruction,  and  the  expenses  of  such  inspection  and 


THE  NEBRASKA  SCHOOL  LAWS  71 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

supervision  shall  be  paid  out  of    the  appropriation  on  vouchers  certified  by 
the  state  superintendent. 

6842  Sec.  142.  Reports  and  warrants.— The  secretary  of  the  board 
of  education  of  each  school  district  meeting  the  requirements  for  normal 
training  as  herein  provided  shall  on  or  before  the  last  Monday  in  June 
of  each  year  make  a  report,  under  oath,  to  the  state  superintendent  of  pub- 
lic instruction  showing  how  many  students  have  met  the  minimum  require- 
ments for  normal  training  as  contemplated  by  this  article.  The  state 
superintendent  shall  on  or  before  the  second  Monday  in  July  of  each  year 
apportion  the  money  earned  to  each  school  that  has  fully  complied  with  the 
requirements  of  this  article.  It  shall  be  the  duty  of  the  state  superintendent  to 
certify  the  apportionment  for  the  several  school  districts  of  the  state  to  the 
state  auditor,  who  shall  draw  warrants  on  the  state  treasurer  in  favor  of  the 
secretary  of  the  board  of  education  of  the  various  school  districts  for  the  sums 
so  specified  by  the  state  superintendent  of  public  instruction.  It  shall  be  the 
duty  of  the  state  treasurer  to  redeem  each  warrant  drawn  on  him  by  the 
state  auditor  and  to  remit  the  same  to  the  secretary  of  the  board  of  education 
of  the  proper  school  district. 

Sec.  142a.  Agricultural  high  schools. — Any  high  school  accredited 
to  the  State  University,  consolidated  rural  high  school,  rural  high  school, 
or  county  high  school  having  satisfactory  rooms  and  equipment,  and  having 
shown  itself  fitted  by  location  and  otherwise  to  give  training  in  agriculture, 
manual  training,  and  home  economics,  may,  upon  application  to  the  State 
superintendent  of  Public  Instruction  of  this  state  be  designated  by  him  to 
maintain  an  agricultural  and  industrial  department  to  consist  of  courses  in 
agriculture,  manual  training,  and  home  economics. 

Sec.  142b.  Each  such  school  shall  employ  a  trained  instructor  or 
instructors  whose  qualifications  shall  be  fixed  by  said  state  superintendent 
of  Public  Instruction,  in  agriculture,  manual  training,  and  home  economics, 
Each  school  shall  have  connected  with  it  a  tract  of  land,  suitable  for  pur- 
poses of  experiment  and  demonstration,  containing  not  less  than  five  acres, 
which  must  be  furnished  by  the  school  receiving  such  aid,  and  be  located 
within  the  school  district  or  within  two  miles  of  the  central  buildings  of 
the  school  district. 

Sec.  142c.  Instruction  in  such  agricultural  and  industrial  department 
shall  be  free  to  all  residents  of  school  age  within  the  district.  Non- 
resident pupils  may  attend  such  high  schools  in  accordance  with  the  law, 
rules  and  regulations  governing  free  high  school  attendance. 

When  necessary  to  accommodate  a  reasonable  number  of  boys  and  girls, 
who  wish  to  attend  only  in  the  winter  months,  special  classes  shall  be 
formed  for  them. 

The  instruction  in  such  agricultural  and  industrial  department  shall 
be  of  a  practical  character,  dealing  with  soils,  crops,  fertilizers,  drainage, 
farm  machinery,  farm  buildings,  breeds  of  live  stock,  live  stock  judging, 
animal  diseases  and  remedies,  production  of  milk  and  cream,  testing  of 
same,  manufacture  of  butter  and  cheese,  horticulture,  gardening,  plants, 
and  such  other  subjects  as  have  a  direct  relation  to  the  business  of  farm- 


72  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

ing,    including    bookkeeping    and    farm    accounts.      It    shall    also    include 
systematic  courses  in  manual  training  and  home  economics. 

Sec.  142d.  Each  school  designated  to  maintain  an  agricultural  de- 
partment as  in  this  act  provided  for  shall  receive  state  aid  not  exceeding 
81,250.00  per  year,  but  in  no  case  shall  the  total  amount  received  from  the 
state  by  any  school  exceed  one-half  of  the  total  sum  from  all  sources 
actually  expended  upon  such  agricultural  and  industrial  departments  asi 
certified  to  the  State  Superintendent  of  Public  Instruction.  The  secretary 
of  the  board  of  education  of  each  such  school  on  or  before  June  15th  of 
each  year  shall  make  under  oath  to  the  State  Superintendent  of  Public 
Instruction  such  report  as  said  State  Superintendent  may  require  covering 
the  conditions  named  in  this  act. 

Any  rural  school  district  which  shall  give  instruction  in  agriculture, 
manual  training,  and  home  economics  in  accordance  with  rules  and  regu- 
lations of  the  State  Superintendent  of  Public  Instruction  and  shall  under 
this  act  become  associated  with  a  high  school  accredited  to  the  State 
University,  consolidated  rural  high  school,  rural  high  school,  county  high 
school  or  any  educational  institution  maintained  by  the  state,  which  gives 
instruction  in  agriculture,  manual  training,  and  home  economics  equal  to 
that  required  of  the  accredited  high  schools  receiving  aid  under  this  act 
in  conformity  with  the  rules  and  regulations  made  by  the  State  Superin- 
tendent of  Public  Instruction,  shall  receive  as  state  aid  $50.00  per  year. 
Such  state  aid  to  said  associated  rural  school  shall  be  granted  only  upon 
the  recommendation  of  the  superintendent  of  the  central  school  with 
which  said  rural  school  is  associated  in  addition  to  the  recommendation  of 
the  county  superintendent. 

Provided:  First.  That  no  high  school  accredited  to  the  University 
of  Nebraska  receiving  aid  under  this  act  shall  be  located  in  any  city  in 
which  the  state  already  maintains  a  permanent  educational  institution 
which  gives  instruction  in  agriculture,  manual  training,  and  home  economics. 

Second.  That  not  more  than  one  high  school  accredited  to  the  Uni- 
versity of  Nebraska  and  two  consolidated  rural  high  schools,  rural  high 
school,  or  county  high  school  in  any  county  shall  be  added  to  the  list  of 
schools  receiving  aid  under  this  act  in  any  biennium. 

Third.  Not  more  than  two-thirds  of  the  appropriation  which  may  be 
provided  shall  be  used  for  high  schools  accredited  to  the  University  of 
Nebraska,  the  balance  to  be  reserved  for  consolidated  rural  high  schools, 
rural  high  schools,  county  high  schools,  and  for  associated  district  schools. 

Fourth.  Not  more  than  thirty  schools  shall  receive  aid  during  the 
year  1913-1914  under  this  act. 

Sec.  142e. — In  approving  high  schools  accredited  to  the  Uni- 
versity of  Nebraska  for  agriculture,  manual  training  and  home  economics 
as  contemplated  in  this  act,  the  State  Superintendent  of  Public  Instruction 
shall  be  governed  by  the  following  general  requirements: 

(a)  The  school  shall  provide  an  approved  course  in  normal  training 
for  preparing  teachers  for  rural  schools. 

(b)  At  least  three  teachers  exclusive  of  the  school  superintendent  shall 
give  their  entire  time  to  instruction  in  high  school  branches. 

(c)  No  one  shall  be  employed  as  an  instructor  in  agricultural  training 


THE  NEBRASKA  SCHOOL  LAWS  73 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

in  any  such  school  unless  such  person  shall  show  proper  certificate  of 
graduation  from  some  agricultural  college  approved  by  the  Chancellor  of 
the  University  of  Nebraska,  or  shall  be  certified  by  the  Dean  of  the  State 
Agricultural  College  as  having  the  necessary  qualifications,  or  who  has 
had  a  standard  four-year  course  in  agricultural  training  in  a  state  normal 
school  or  in  an  officially  recognized  normal  school;  college  or  university  in 
Nebraska. 

(d)  At  least  one-third  of  the  instruction  in  the  industrial  department 
of  such  school  shall  be  devoted  to  work  in  agriculture,  manual  training, 
and  natural  sciences,  or  to  home  economics,  manual  training,  and  natural 
sciences. 

Sec.  142f. — In  approving  consolidated  rural  high  schools,  rural 
high  schools,  and  county  high  schools  for  agriculture,  manual  training  and 
home  economics,  as  contemplated  in  this  act,  the  State  Superintendent 
shall  be  governed  by  the  following  general  requirements: 

(a)  The  school  shall  maintain  at  least  two  years  of  high  school  work 
and     be  upon  the  approved  list  of     the  State  Superintendent  of     Public 
Instruction. 

(b)  At  least  two  -teachers  shall  be  employed  in  the  high  school  de- 
partment. 

(c)  No  one  shall  be  employed  as  an  instructor  or  instructors  in  agri- 
cultural training  in  any  such  high  school  unless  such  person  shall  show 
proper  certificate  of  graduation  from  some  agricultural  college  approved 
by  the  Chancellor  of  the  University  of  Nebraska,  or  shall  be  certified  by 
the  Dean  of  the  State  Agricultural  College  as  having  the  necessary  quali- 
fications, or  who  has  had  a  standard  four-year  course  in  agricultural  train- 
ing in  a  state  normal  school,  or  in  an  officially  recognized  normal  school, 
college  or  university  in  Nebraska. 

(d)  Until  such  consolidated  high  school,  rural  high  school,  or  county 
high  school  shall  fully  comply  with  the  provisions  of  section  5   of  this 
act,  it  shall  be  eligible  to  receive  only  $625.00.     Upon  complying  fully 
with  the  provisions  of  section  5  of  this  act,  such  consolidated  rural  high 
school,  rural  high  school,  or  county  high  school  shall  be  eligible  to  receive 
the  full  $1,250.00  mentioned  in  section  4. 

(e)  At  least  one-third  of  the  instruction  in  the  industrial  group  shall 
be  devoted  to  agriculture,  manual  training  and  natural  sciences,  or  to  home 
economics,  manual  training  and  natural  sciences. 

Sec.  142g. — The  State  Superintendent  of  Public  Instruction  shall 
appoint  an  inspector  of  agricultural  training,  whose  appointment  shall  be 
approved  by  the  Chancellor  of  the  University  of  Nebraska.  The  expenses  of 
inspection  and  supervision  shall  be  paid  from  the  appropriation  made  for  the 
maintenance  of  said  schools,  on  vouchers  certified  by  the  State  Superin- 
tendent of  Public  Instruction^ 


74 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

ARTICLE  XII. 

STATE  FIRE  DAY  AND  FIRE  INSTRUCTION. 


SECTION 

6850.  State  fire  day. 

6851.  Instructions — fire  danger. 


SECTION 

6852.     Distribution  of  law. 


6850  Sec.  151.     State  fire  day. — For  the  purpose  of  creating  a  public 
sentiment,  and  in  order  that  the  people  of  this  state  shall  have  called  to  their 
attention  the  great  damage  caused,  both  to  life  and  property,  by  fire,  there  is 
hereby  set  apart  and  established  the  first  Friday  in  November  which  shall  be 
designated  and  known  as  "State  Fire  Day."    This  day  shall  be  observed  by 
the  public,  private  and  parochial  schools  of  the  state  with  exercises  appropriate 
to  the  subject  and  the  day. 

6851  Sec.  152.     Instructions — fire    danger. — For   the   purpose   of   in- 
struction in  fire  dangers,  and  in  methods  of  fire  prevention,  it  shall  be  the  duty 
of  the  Chief  Deputy  Fire  Commissioner  and  of  the  State  Superintendent  of 
Public  Instruction  to  prepare  a  book  conveniently  arranged  in  chapters,  or 
lessons,  such  chapters  or  lessons  to  be  in  number  sufficient  to  provide  a  differ- 
ent chapter  or  lesson  for  each  month  of  the  maximum  school  year.    The  ex- 
pense for  publishing  the  books  of  instruction,  or  other  literature  on  the  sub- 
ject of  fire  dangers,  shall  be  paid  out  of  the  special  fund  for  the  maintenance  o- 
the  fire  commissioner's  office,  and  such  books  of  instruction  shall  be  distributedf 
by  the  state  superintendent  of  public  instruction,  in  quantities  sufficient  to 
provide  a  copy  for  each  teacher.     Every  teacher  or  instructor  in  every  public, 
private  or  parochial  school  shall  devote  not  less  than  thirty  minutes  in  each 
school  month,  to  instruction  of  pupils  in  the  subject  of  fire  dangers,  and  in 
the  methods  of  fire  prevention. 

6852  Sec.  153.     Distribution  of  law. — It  shall  be  the  duty  of  the  mem- 
bers of  school  boards,  school  directors,  trustees,  or  other  body  of  persons 
having  control  of  the  schools  of  any  city,  village  or  district,  to  cause  a  copy  of 
this  act  to  be  printed  in  the  manual  or  handbook  prepared  for  the  guidance  of 
teachers,  where  such  manual  is  in  use  or  may  hereafter  come  in  use. 


ARTICLE  XIII. 

TEACHERS'  CERTIFICATES. 


SECTION 

6853.  Certificates — classes. 

6854.  State  certificates. 

6855.  County  certificates. 

6856.  City  certificates. 

6857.  Professional  state  certificates. 

6858.  First  grade  county  certificates. 

6859.  Second  grade  county  certificates. 

6860.  Third  grade  county  certificates. 

6861.  Examinations. 

6862.  Examinations — granting  certificates. 


SECTION 

6863.  Renewal  of  certificates. 

6864.  Certificate — revocation. 

6865.  Fees  for  certificate — support  teachers' 

institute. 

6866.  Certificates — registration. 

6867.  Fees — application. 

6868.  High  school  teacher — certificate — quali- 

fications. 

6869.  Grade  teachers  in  high  school  or  city 

districts. 


6853     Sec.  154.     Certificates — classes. — The  teachers' certificates  issued 
by  authority  of  the  state  of  Nebraska,  and  entitling  the  holders  thereof 


THE  NEBRASKA  SCHOOL  LAWS  75 

COMPILED'BY  KLOPP*&"BARTLETT  co,  OMAHA. 

to  teach  in  the  schools  of  this  state,  shall  consist  of  three  principal  classes, 
viz.,  state  certificates,  county  certificates,  and  city  certificates. 

6854  Sec.  155.     State  certificates. — State  certificates  shall  consist  of 
three  classes,  viz.: 

First. — The  professional  state  certificate  which  shall  be  good  for  life 
entitling  the  holder  thereof  to  teach  in  any  public  school  of  Nebraska.  Pro- 
vided, no  life  certificate  shall  be  in  force  after  the  holder  shall  permit  a 
space  of  three  years  to  lapse  without  following  some  educational  pursuit, 
unless  the  certificate  be  endorsed  by  the  state  superintendent. 

Second. — The  first  grade  state  certificate  which  shall  be  good  for  three 
years  from  date  of  issuance,  entitling  the  holder  thereof  to  teach  in  any 
public  school  of  Nebraska  during  the  life  of  such  certificate.  After  three 
years  of  successful  experience  the  holder  of  a  first  grade  state  certificate 
shall  be  entitled  to  a  professional  state  certificate  good  for  life. 

Third. — The  elementary  state  certificate  which  shall  be  good  for  a 
term  of  not  less  than  one  year  and  not  to  exceed  three  years  from  date  of 
issuance,  at  the  discretion  of  the  county  superintendent  of  the  county  in 
which  the  holder  of  such  certificate  shall  teach. 

6855  Sec.  156.     County  certificates. — County  certificates  shall  consist 
of  three  grades,  viz.: 

First. — The  first  grade  county  certificate  which  shall  be  valid  in  and 
for  the  county  where  granted  for  a  term  of  not  less  than  two  years  and  not 
to  exceed  three  years  from  date  of  issuance,  at  the  discretion  of  the  county 
superintendent  of  the  county  in  which  the  holder  of  such  certificate  shall 
teach. 

Second. — The  second  grade  county  certificate  which  shall  be  valid  in 
and  for  the  county  where  granted  for  a  term  of  not  less  than  one  year  and 
not  to  exceed  two  years  from  date  of  issuance,  at  the  discretion  of  the  county 
superintendent  of  the  county  in  which  the  holder  of  such  certificate  shall 
teach. 

Third. — The  third  grade  county  certificate  which  shall  be  valid  in  and 
for  the  county  where  granted  for  such  term  as  the  county  superintendent 
may  deem  best  but  not  exceeding  one  year  from  date  of  issuance.  Provided, 
that  no  person  shall  be  entitled  to  receive  more  than  one  third  grade  county 
certificate. 

6856  Sec.  157.     City  certificates. — City  certificates  shall  be  granted  as 
state  certificates,  under  rules  prescribed  by  the  state  superintendent  of  public 
instruction,  and  such  certificates  shall  consist  of  six  general  classes,  as  follows: 
(1)  Kindergarten,  (2)  primary,  (3)   grammar,  (4)  high  school,     (5)  special 
supervisor  and  (6)  superintendent.     The  rules  for  city  certificates  shall  set 
forth  in  detail  the  standards  for  each  class  of  certificates  and  shall  fix  the 
minimum  requirements  for  each  class  which,  for  teaching  in  the  grades,  must 
not  be  less  than  a  second  grade  county  certificate,  and  for  teaching  in  the  high 
school  or  for  supervising  city  schools,  must  not  be  less  than  the  equivalent 
of  a  first  grade  state  certificate.    Changes  made  in  the  rules  during  the  school 
year  shall  not  be  effected  earlier  than  the  first  of  July  next  thereafter. 

6857  Sec.  158.     Professional  state  certificates. — The  professional  state 
certificate  may  be  granted  to  any  person  of  approved  learning  and  character, 


76  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

and  possessing  evident  ability  in  the  science  and  art  of  school  management, 
who  has  had  one  year's  successful  experience  as  a  teacher  in  the  public 
schools  of  this  state,  who  holds  a  first  grade  county  certificate  and  in  addi- 
tion thereto  shall  pass  a  satisfactory  examination  before  the  superintendent 
of  public  instruction  or  a  committee  of  three  competent  persons  appointed 
by  him,  in  chemistry,  English  literature,  general  history,  geology,  physical 
geography,  plane  trigonometry,  psychology,  rhetoric  and  zoology. 

The  professional  state  certificate  may  be  granted  also  to  any  person 
who  is  a  graduate  from  a  college  or  university  of  good  standing  of  this  or 
any  other  state,  who  has  had  three  years'  successful  experience  as  a  teacher 
in  the  public  schools  of  Nebraska,  and  who  holds  a  first  grade  county  certifi- 
cate issued  in  this  state. 

The  professional  state  certificate  may  be  granted  also  to  any  person 
who  holds  a  diploma  from  a  state  normal  school  of  another  state  conferring 
the  right  to  teach  for  life  in  that  state. 

The  professional  state  certificate  may  be  granted  also,  at  the  discretion 
of  the  state  superintendent,  to  the  holder  of  a  professional  state  certificate 
from  another  state. 

All  certificates  named  in  this  section  shall  be  granted  by  the  state  super- 
intendent of  public  instruction. 

6858  Sec.  159.     First    grade    county    certificates. — The    first    grade 
county  certificates  may  be  granted  to  any  person  of  approved  learning  and 
character,  and  possessing  evident  ability  to  teach  and  govern  a  school,  who 
shall  pass  a  satisfactory  examination  in  all  the  branches  required  to  obtain 
a  second  grade  county  certificate,  and  in  algebra,  botany,  geometry,  and 
physics.     Provided,    no   person  shall  be  granted  a  first  grade  county  certifi- 
cate who  has  not  had  at  least  twelve   weeks'  normal  training  in  a  college, 
university,  or  normal  school   of  approved  standing   in    this   or  in   another 
state,  or  in  a  state  junior  normal  school  of  Nebraska,  or  in  a  high   school 
of  Nebraska  approved  by  the  state  superintendent  of  public  instruction  as 
being  equipped  to  give  such  normal  training.      Provided  further,   one    or 
more  years'  successful  experience  as  a  teacher  may  be  considered  the  equiv- 
alent of  the  normal  training  required  by  this  section. 

6859  Sec.  160.     Second  grade  county  certificates. — The  second   grade 
county  certificate  may  be  granted  to  any  person  of  approved  learning  and 
character,  who,  in  addition  to  the  branches  specified  for  the  third  grade 
county  certificate,  shall  pass  a  satisfactory  examination  in  civil  government, 
bookkeeping,  blackboard  drawing,  theory  and  art  of  teaching,  and  the  ele- 
ments of  agriculture,  including  a  fair  knowledge  of  the  structure  and  habits 
of  the  common  plants,  insects,  birds  and  quadrupeds.     Provided,  no    per- 
son shall  be  granted  a  second  grade  certificate  who  has  not  had  at  least  eight 
weeks'  normal  training  in  a  college,  university,  or  normal  school  of  approved 
standing  in  this  or  in  another  state,  or  in  a  state  junior  normal   school  of 
Nebraska,  or  in  a  high  school  of  Nebraska  approved  by  the  state  superintend- 
ent of  public  instruction  as  being  equipped  to  give  such  normal    training. 
Provided  further,  one  or  more  years'  successful  experience  as  a  teacher  may  be 
considered  the  equivalent  of  the  normal  training  required  by  this  section. 

6860  Sec.  161.     Third   grade   county   certificates. — The   third    grade 


THE  NEBRASKA  SCHOOL  LAWS  77 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

county  certificate  may  be  granted  to  any  person  of  approved  character  who 
shall  pass  a  satisfactory  examination  in  orthography,  reading,  penmanship, 
geography,  arithmetic,  physiology  and  hygiene,  English  composition,  English 
grammar,  and  United  States  history. 

6861  Sec.  162.     Examinations. — The  state  superintendent  of  publie-4n-- 
struction  shall  prepare  all  questions  for  the  examination  of  applicants  for 
teachers'  certificates  as  provided  under  this  act,  both  county  and  state,  and 
shall  prescribe  all  rules  and  regulations  for  the  conduct  of  all  such  examina- 
tions, and  shall  determine  the  times  and  places  for  all  examinations,  except  as 
hereinafter  provided.    He  shall  examine,  mark,  and  file,  or  cause  to  be  exam- 
ined, marked,  and  filed,  all  answer  papers  submitted  by  candidates  for  state 
and  county  certificates,  which  answer  papers  shall  be  forwarded  by  the  county 
superintendent  immediately  after  the  close   of  each  examination  to  the 
state  superintendent  of  public  instruction.     He  may  appoint  a  committee 
of  three  competent  persons  and  such  clerical  force  as  he  may  deem  neces- 
sary to  assist  him  in  all  such  examinations,  who  shall  make  a  complete  and 
accurate  record  of  all  such  examinations  to  be  kept  on  file  in  the  office  of 
the  state  superintendent.     Provided,   the  state  superintendent  may  require 
county  superintendents  to  assist  him  in  the  preparation  of  examination 
questions  for  county  certificates. 

6862  Sec.  163.     Examinations — granting  certificates.-^The  county  sup- 
perintendent  shall  hold  a  public  examination  of  all  persons  offering  themselves 
as  applicants  for  teachers'  certificates  on  such  dates  as  may  be  arranged  by 
the  state  superintendent  of  public  instruction,  at  which  time  he  shall  examine 
them  by  the  series  of  written  or  printed  questions  according  to  the  rules  and 
regulations  prescribed  by  the  state  superintendent    of    public    instruction. 
The  county  superintendent  shall  forward  all  answer  papers  submitted  by 
candidates  for  teachers'  certificates,  designating  each  by  a  number  instead 
of  a  name,  immediately  after  the  close  of  the  examination,  to  the  state  super- 
intendent of  public  instruction  for  examination,  marking,  filing  and  recording. 
The  state  superintendent  of  public  instruction  shall  transmit  within  thirty 
days  from  date  of  said  examination  a  record  of  the  standings  of  each  applicant 
for  a  county  certificate  to  the  county  superintendent,  who  shall  then  grant 
to  the  applicant  a  certificate  of  qualifications  if  the  applicant  is  found  to 
possess  the  requisite  knowledge  and  understanding  to  teach  in  the  common 
schools  of  the  state  the  various  branches  required  by  law,  provided  the  county 
superintendent  has  satisfactory  evidence  that  the  candidate  is  a  person  of 
good  moral  character,  has  had  successful  experience,  if  any,  and  possesses  an 
aptness  to  teach  and  govern  a  school.    Provided,  the  county  superintendent 
at  his  discretion  in  case  of  emergency,  may  grant  permission  to  teach  until 
the  results  of  the  next  regular  examination  are  received  from  the  state  super- 
intendent of  public  instruction  to  any  person  applying  at  any  other  time  than 
at  a  regular  examination,  who  can  show  satisfactory  reasons  for  failing  to 
attend  such  examination  and  satisfactory  evidence  of  qualifications,  subject 
to  such  rules  and  regulations  as  may  be  prescribed  by  the  state  superintendent 
of  public  instruction;  but  such  permit  shall  not  be  granted  more  than  once 
in  any  county  to  the  same  person.    Provided  further,  in  emergencies  arising 
from  a  scarcity  of  teacher?  in  any  county,  the  state  superintendent  may  at 
his  discretion,  upon  the  recommendation  of  the  county  superintendent,  grant 


78  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  a  BARTLETT  CO..  OMAHA. 

permission  to  teach  in  a  specified  district  for  a  specified  term  of  school,  the 
person  given  such  permission  to  teach  being  required  to  attend  teachers' 
examinations  and  to  write  upon  such  subjects  as  the  county  superintendent 
may  direct.  Provided  further,  the  county  superintendent  may,  at  his  dis- 
cretion, grant  a  first  grade  county  certificate,  without  examination,  to  a 
graduate  of  a  college,  university,  or  state  normal  school,  subject  to  such  rules 
and  regulations  as  may  be  prescribed  by  the  state  superintendent  of  public 
nstruction. 

6863  Sec.  164.     Renewal  of  certificate. — The  first  grade  state  certi- 
ficate and  the  city  state  certificate  may  be  re-issued  under  such  rules  and 
regulations  as  the  state  superintendent  may  prescribe.     First  and  second 
grade  county  certificates  may  be  re-issued,  without  examination,  at  the  dis- 
cretion of  the  county  superintendent,  under  such  requirements  as  may  be 
imposed  by  the  state  superintendent  of  public  instruction. 

The  certificate  issued  by  the  county  superintendent  shall  be  valid  only 
in  the  county  where  issued 

Under  the  new  certification  law  neither  the  county  superintendent  nor  the  state  super- 
intendent can  endorse  any  certificate,  county,  city  or  state,  issued  in  Nebraska  or  in  any  other 
state.  The  powers  and  duties  of  the  county  superintendents  as  well  as  the  state  superinten- 
dent are  derived  entirely  from  the  authority  conferred  upon  them  by  statute.  They  can  exer- 
cise only  such  powers  as  are  specifically  granted  by  law.  It  must  appear  from  the  records  of 
their  proceedings  that  they  have  jurisdiction  or  their  acts  will  be  void.  This  is  the  principle 
of  law  laid  down  in  the  case  of  Ratcliffe  vs.  Faris  of  the  supreme  court  of  Nebraska.  While 
the  state  superintendent  is  not  prohibited  by  specific  act  from  endorsing  certificates  granted 
in  other  states,  he  is  not  given  that  authority.  Hence  were  he  to  attempt  it  his  act  would  be 
illegal.  The  county  superintendent  is  absolutely  prohibited  from  endorsing  any  certificate 
as  is  evident  from  the  last  paragraph  of  section  156,  article  12,  which  reads :  "The  certificate  issued 
by  the  county  superintendent  shall  be  valid  only  in  the  county  where  issued." 

6864  Sec.  165.    Certificate— revocation. — Every  certificate  issued  under 
the  provisions  of  this  article  shall  be  revoked  by  the  authority  issuing  the  same 
for  any  cause  which  would  have  authorized  or  required  such  authority  to 
refuse  to  grant  it  if  known  at  the  time  it  was  granted,  and  for  incompetence, 
immorality,    intemperance,    cruelty,    crime   against   the   law    of   the   state, 
negligence  of  duty,  or  general  negligence  of  the  business  of  the  school.     The 
revocation  of  the  certificate  shall  terminate  the  employment  of  such  teacher 
in  the  school  where  he  or  she  may  at  the  time  be  employed,  but  such  teacher 
must  be  paid  up  to  the  time  of  receiving  notice  of  such  revocation.     The 
authority  revoking  such  certificate  must  immediately  notify  the  director 
of  the  school  district  or  the  secretary  of  the  board  of  education  where  such 
teacher    is    employed.        The    authority    revoking    such    certificate    shall 
notify  the  teacher  of  such  revocation,  and  must  enter  his  action  in  such  case 
in  the  books  or  records  of  his  office.     Provided,  however,  no  certificate  shall 

be  revoked  without  due  notice  from  the  proper  authority,  and  an  opportunity 
given  the  teacher  to  explain  or  defend  his  or  her  conduct. 

A  county  superintendent  has  no  authority  whatsoever  to  revoke  a  state  certificate. 
If  he  attempt  to  revoke  such  certificate  his  act  is  null  and  void.  Where  a  county  superin- 
tendent desires  the  revocation  of  a  state  certificate  he  should  make  his  charges  specific  and 
tile  them  with  the  state  superintendent,  who  will  set  a  time  and  place  for  the  teacher  whose 
certificate  is  thus  attacked  to  show  cause  why  it  should  not  be  revoked. 

The  revocation  of  a  county  certificate  rests  solely  with  the  county  superintendent. 
The  state  superintendent  may,  however,  prefer  charges  against  the  holder  of  a  county  certifi- 
cate. He  may  also  revoke  or  annul  the  grades  of  any  teacher  which  have  been  earned  or 
accepted  under  the  new  certification  law,  when  it  becomes  evident  that  such  grades  were 
obtained  through  fraud  or  collusion. 

6865  Sec.  166.     Fees    for    certificate — support    teachers'     institute. — 
Each  applicant  who  is  examined  for  a  county  certificate  shall  pay  one  dollar 


THE  NEBRASKA  SCHOOL  LAWS  79 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

and  fifty  cents  to  the  county  superintendent,  one  dollar  of  which  sh  ill  go 
to  the  teachers'  institute  fund  to  be  used  by  him  in  support  of  teachers'  insti- 
tutes as  provided  by  law,  and  fifty  cents  of  said  fee  shall  be  used  by  the  super- 
intendent of  public  instruction  as  hereinafter  provided.  It  shall  be  the  duty  of 
the  county  superintendent  immediately  after  each  examination  to  forward  fifty 
cents  for  each  applicant  for  a  teacher's  county  certificate  at  such  examination 
to  the  superintendent  of  public  instruction,  such  sums  to  be  used  by  him  as 
hereinafter  provided.  Each  applicarft  for  a  professional  state  certificate 
shall  pay  one  dollar  to  the  superintendent  of  public  instruction,  to  be  used 
by  him  as  hereinafter  provided. 

6866  Sec.   167.     Certificates—registration. — Each    holder    of    an     ele- 
mentary or  second  grade  state  certificate,  or  a  first  grade  state  certificate  or  a 
professional  state  certificate  good  for  life  shall,  before  he  begins  to   teach, 
register  the  same  in  the  office  of  the  county  superintendent  of  the  county  in 
which  he  shall  teach,  and  for  such  registration  he  shall  pay  a  fee  of  one  dollar, 
which  fee  shall  go  into  the  institute  fund  of  such  county. 

The  above  state  certificates,  when  used  simply  as  credentials  for  securing  city  state  certifi- 
cates, need  not  be  registered  in  the  office  of  the  county  superintendent. 

6867  Sec.  168.     Fees — application. — For  the  purpose  of  carrying   out 
the  provisions  of  this  article,  the  superintendent  of  public  instruction  is  hereby 
authorized  to  use  all  fees  that  may  come  into  his  hands  as  provided  herein 
and  also  such  amount  from  the  appropriations  for  his  office  expenses  as  may 
be  necessary  for  the  payment  of  the  state  examining  committee  and  clerical 
assistance  as  herein  provided  for  the  preparation  of  examination  questions 
and  for  the  reading  of  all  teachers'  answer  papers,  and  work  and  expenses 
connected    therewith.     Provided,     if   the    fees   received    by    the    superin- 
tendent of  public  instruction  shall  be  in  excess  of  the  amount  necessary  for 
payment  of  the  state  examining  committee  and  clerical  assistance  and  other 
expenses  connected  with  such  examinations,  such  excess  shall  be  returned  to 
the  respective  county  superintendents  pro  rata  according  to  the  amount 
received  from  each  county,  and  the  amounts  so  returned  shall  go  into  the 
institute  funds  of  such  counties. 

The  superintendent  of  public  instruction  shall  make  a  semi-annual 
statement  to  the  governor  of  all  moneys  received  by  him  for  such  fund  and 
of  all  moneys  disbursed  by  him  from  such  fund,  and  also  a  statement  show- 
ing how  much  money,  if  any,  he  shall  have  found  necessary  to  use  from  the 
appropriations  for  his  office  expenses  in  carrying  out  the  provisions  of  this 
article. 

6868  Sec.  169.     High  school  teacher's  certificate,  qualifications. — No 
person  shall  be  eligible  to  teach  in  the  high  school  department  of  any  high 
school  district  or  in  the  high  school  department  of  any  city  school  district  in 
this  state  who  is  not  a  graduate  from  a  regular  four-year  course  of  a  college 
or  university,  or  a  graduate  from  the  advanced  course  of  a  college,  university 
or  normal  school  in  this  state  authorized  by  law  to  grant  teachers'  certificates, 
or  who  does  not  hold  a  professional  state  certificate  obtained  from  the  state 
superintendent  on  examination  before  him  or  a  committee  appointed  by  him 
as  provided  by  law. 

6869  Sec.    170.     Grade   teachers   in  high   school  or   city    districts. — 
No  person  shall  be  eligible  to  teach  in  the  grades  below  the  high    school 


so 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 


department  in  any  high  school  district  or  in  the  grades  below  the  high 
school  department  in  any  city  school  district  in  this  state  who  does  not 
hold  at  least  a  second  grade  county  certificate  issued  in  Nebraska. 

Does  not  mean  that  a  teacher  must  hold  literally  a  second  grade  county  certificate, 
but  a  certificate  in  every  respect  the  equivalent  of  a  second  grade  county  certificate.  This  ia 
a  question  which  may  be  properly  adjudicated  by  a  conference  between  the  county  superin 
tendent  and  the  city  superintendent.  In  the  event  of  their  disagreement  it  is  a  question  to 
be  referred  to  the  state  superintendent. 


ARTICLE  XIV. 


TEACHERS  AND  TEACHERS'  INSTITUTES. 


SECTION 

0870.     Qualifications. 

6871.  Monthly  returns  to  director. 

6872.  School  month. 

6873.  Graduates  University  of  Nebraska  or 

other    incorporated    schools    of    this 
state. 

6874.  Same — confirmation  of  certificates. 

6875.  College  and  normal  graduates. 

6876.  Same. 

6877.  Same— defined. 


SECTION 

6878.  Effect  of  alcoholic  drinks. 

6879.  Same — certificate. 

6880.  Teachers'  institute— when  held. 

6881.  Attendance. 

6882.  Expenses. 

6883.  Institute  fund. 

6884.  Disbursements. 

6885.  Institute  term — close  schools. 
Refusal  to  attend — penalty. 


6870  Sec.  171.  Qualifications. — No  person  shall  be  accounted  a 
qualified  teacher,  within  the  meaning  of  the  school  law  who  has  not  a  certi- 
ficate in  force  from  a  county  superintendent,  or  a  city  state  certificate  in  force 
from  a  state  superintendent  or  a  certificate  or  diploma  in  force  from  a  state 
normal  school  of  Nebraska,  or  a  certificate  in  force  from  the  University  of 
Nebraska,  or  a  certificate  in  force  from  a  normal  school,  college  or  university 
in  Nebraska,  approved  by  the  state  superintendent  and  authorized  by  law 
to  grant  certificates  or  a  professional  state  certificate  .in  force  from  the  state 
superintendent  of  public  instruction. 

A  proper  certificate  of  qualification  is  essential  to  warrant  a  school  board  in  paying  a 
teacher  from  the  public  school  fund.  The  prohibition  of  the  statute,  however,  is  upon  the 
district  board,  and  not  upon  the  teacher;  and  where  during  a  part  of  a  term,  the  teacher  was 
without  a  certificate,  notwithstanding  which  payment  for  the  time  was  made,  in  an  action  to 

che 


recover  wages  due  for  the  last  month  of  the  term,  during  all  of  which  the  teacher  had  a  certifi 
cate;  held,  that  the  amount  so  paid  could  not  be  set  off 
(School  District  vs.  Estes,  13  Neb.,  52,  13  N.  W.,  16.) 


Teacher  may  be  discharged  for  incompetency  or  other  sufficient  cause  at  will  of  major- 
ity of  board.  6  Neb.,  173.  Teacher  employed  for  nine  months,  working  eight,  not  teaching 
the  nine  through  neglect  of  officers  of  district,  held,  entitled  to  pay  for  that  month.  13  Neb., 
54.  Cited  19  Id.,  496. 

Substitute  teacher.— --A  teacher  has  no  right  to  place  a  substitute  in  his  school  without  being 
authorized  to  do  so  by  the  district  board.  However,  it  would  be  within  the  authority  of  the  district 
board  to  ratify  such  an  action  of  a  teacher  in  case  of  an  emergency,  providing  that  the  substitute 
be  a  legally  qualified  teacher.  A  teacher  under  contract  with  a  district  could  not  properly  demand 
of  the  district  payment  for  the  services  rendered  by  a  substitute  appointed  by  him  without  author- 
ity. However,  in  case  the  substitute,  a  legally  qualified  teacher,  were  permitted,  with  the  knowledge 
of  the  district  board,  to  teach  the  school,  said  substitute  would_have  a  valid  claim  against  the 
district  for  the  value  of  the  services  rendered  by  him. 

6871  Sec.  172.  Monthly  return  to  director. — Every  teacher  shall  make 
a  monthly  return  to  the  director  of  the  district  of  the  number  of  pupils  attend- 
ing his  or  her  school,  the  names  and  ages  of  each,  the  days  attending,  the 
studies  pursued,  and  no  teacher  will  be  entitled  to  receive  pay  in  full  for  a 


THE  NEBRASKA 

COMPILED  BY  KL*OPP  8  BARTLETT  CO., 

term's  service  till  the  term  summary  is  properly 
the  director. 

A  rule  which  makes  it  the  duty  of  a  teacher  to  keep  a  record  of  the  standing  of  each 
pupil  in  the  studies  pursued  by  him,  of  his  attendance  and  deportment,  to  send  each  month  by 
the  pupil  a  written  report  of  the  same  to  his  parent  or  guardian  and  which  requires  such  parent 
or  guardian  to  sign  and  return  the  same  to  the  teacher,  is  a  reasonable  one.  (Bourne  vs.  State, 
ex  rel.  Taylor,  35  Neb.,  1,  52  N.  W.,  710.) 

The  teacher's  register  should  be  approved  by  the  director  at  the  close  of  each  month; 
and  an  order  for  the  pay  of  the  teacher  should  not  be  drawn  until  the  register  has  been  sub- 
mitted to  and  approved  by  the  director.  A  duplicate  of  the  classification  record  and  term  sum- 
mary should  be  forwarded  to  the  counry  superintendent  at  the  close  of  each  term. 

A  teacher  who  fails  or  neglects  to  make  out  a  report  ought  not  to  be  allowed  to  teach, 
and  should  have  his  certificate  revoked. 

6872  Sec.  173.     School    month. — In   the   absence   of   any    agreement 
between  the  director  and  teacher  to  the  contrary,  twenty  days  shall  consti- 
tute a  school  month. 

Where  a  school  teacher  is  employed  by  contract  for  a  given  number  of  months,  and 
fails  to  perform  her  duties  during  a  part  of  the  stipulated  period,  through  no  fault  of  her  own, 
but  through  the  fault  of  the  school  officers,  she  being  at  all  times  able  and  willing  to  perform, 
she  is  entitled  to  the  same  compensation  during  such  part  as  thougk  she  had  kept  the  school. 
(School  District  vs.  Estes,  13  Neb.,  52.  13  N.  W.,  16.) 

6873  Sec.  174.     Graduates    University  of    Nebraska  or  other    incor- 
porated schools  of  this  state. — All  graduates  of  the  University  of  Nebraska 
holding  the  degree  of  bachelor  of  arts  or  bachelor  of  science  and  in  addition 
thereto  certificates  authorized  by  the  board  of  regents  showing  that  such 
graduates  have  completed  the  course  of  instruction  prescribed  by  the  regents 
and  faculty  of  the  university  for  the  special     training  and  instruction  of 
teachers,  and  such  other  graduates  as  hold  the  same  degrees  from  any  college 
or  university  duly  incorporated  under  the  laws  of  the  state  of  Nebraska, 
who,  in  the  judgment  of  the  state  superintendent  of  public  instruction  or 
the  state  board  of  examiners  for  life  certificates,  have  completed  in  their 
respective  institutions  an  equivalent  of  the  courses  in  the  University  of 
Nebraska  for  said  degrees  prescribed  by  the  regents  and  faculty  of  the  uni- 
versity, shall  be  accredited  as  qualified  teachers  within  the  meaning  of  the 
school  law  of  this  state;  and  all  such  graduates  shall  have  equal  privileges, 
upon  equal  conditions,  with  graduates  from  any  and  all  other  educational 
institutions  within  this  state  under  the  school  law  thereof.     Such  colleges 
shall  from  year  to  year  maintain  entrance  requirements,  degree  require- 
ments and  professional  study  requirements  equivalent  to  those  of  the  Uni- 
versity of  Nebraska.     Each  year  the  state  superintendent  of  public  instruc- 
tion shall  satisfy  himself  by  personal  inspection  or  by  the  personal  inspection 
of  the  state  board  of  examiners  for  life  certificates  that  the  requirements  have 
been  maintained  before  any  certificate  can  be  granted  by  such  institution.  Such 
certificates  are  hereby  declared  to  be  valid  as  first  grade  state  certificates  enti- 
tling the  holders  to  teach  in  the  public  schools  of  the  state  of  Nebraska  for  a 
period  of  three  years  from  their  date.     Said  certificates  shall  be  signed  by  the 
president  and  secretary  of  the  board  of  trustees  and  the  president  or  chancellor 
of  the  proper  institution. 

6874  Sec.  175.     Same,     confirmation     of     certificates. — After      three 
\  '•ars  of  actual  teaching,  the  certificates  of  the  graduates  of  the  University 
of  Nebraska  or  of  any  other  college  or  university  mentioned  or  described  in 
the  next  preceding  section,  shall  be  countersigned  by  the  state  superintendent 
of  public  instruction  upon  satisfactory  evidence  that  the  services  of  the  appli- 


82  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

cant  have  been  successful,  making  such  certificate  good  for  life.  Said  counter- 
signature  may  be  cancelled  and  its  legal  effect  annulled  by  the  state  superin- 
tendent of  public  instruction  upon  satisfactory  evidence  of  disqualification. 
Such  certificates  shall  be  subject  to  the  provisions  for  lapsing  set  forth  in 
section  147  of  this  chapter. 

6875  Sec.  176.     College  and  normal  graduates. — When    any    college, 
university  or  normal  school  in  this  state  shall  have  a  course  of  study  equal  in 
extent  and  similar  in  subjects  to  the  elementary  course  of  the  state  normal 
schools,  and  shall  have  full  and  ample  equipment  and  a  faculty  of  instructors 
fully  competent  to  give  and  who  are  actually  giving  satisfactory  instruction 
in  the  branches  contained  in  said  course  and  equivalent  to  that  given  in  the 
state  normal  schools,  any  graduate  from  such  course  shall  be  granted  by 
the  board  of  trustees  of  the  proper  institution  a  second  grade  certificate  of 
the  same  tenor  and  effect  as  the  certificate  to  teach  issued  to  the  graduates 
from  the  elementary  course  of  the  state  normal  schools.      The  certificate 
shall  be  signed  by  the  president  of  the  board  of  trustees  and  the  head  of  the 
department  of  education  of  the  proper  institution,  and  the  state  superin- 
tendent of  public  instruction. 

6876  Sec.   177.     Same. — When    any    college,     university    or    normal 
school  in  this  state  shall  have  a  course  of  study  equal  in  extent  and  similar 
in  subjects  to  the  higher  course  in  the  state  normal  schools,  and  shall  have 
full  and  ample  equipment  and  a  faculty  of  instructors  fully  competent  to 
give  and  are  actually  giving  satisfactory  instruction  in  the  branches  con- 
tained in  said  course  and  equivalent  to  that  given  in  the  state  normal  schools, 
the  graduates  from  such  course  shall  be  granted  by  the  board  of  trustees  of 
the  proper  institution  a  first  grade  state  certificate  of  the  same  tenor  and  effect 
as  the  certificate  to  teach  issued  to  the  graduates  from  the  higher  course  of  the 
state  normal  schools.     Such  certificate  shall  be  signed  by  the  president  of 
the  board  of  trustees  and  the  head  of  the  department  of  education  of  the 
proper  institution  and  the  state  superintendent  of  public  instruction.     After 
three  years  of  actual  teaching  the  first  grade  state  certificates  issued  by  any 
institution  as  set  forth  in  this  section  may  be  countersigned  by  the  state 
superintendent  of  public  instruction  upon  satisfactory  evidence  that  the 
services  of  the  applicant  have  been  successful,  making  such  certificate  good 
for  life.     Said  countersignature  may  be  cancelled  and  its  legal  effect  annulled 
by  the  state  superintendent  of  public  instruction  upon  satisfactory  evidence 
of  disqualification.     Such  certificates  shall  be  subject  to  the  provisions  for 
lapsing  set  forth  in  section  147  of  this  chapter. 

6877  Sec.  178.     Same   defined. — The  determination  of  the    question 
as  to  what  institutions  are  entitled  to  the  privileges  set  forth  in  the   four 
next  preceding  sections,  shall  be  in  the  hands  of  the  state  superintendent  of 
public  instruction  or  the  state  board  of  examiners  for  life  certificates.     No 
educational  institutions  shall  be  entitled  to  the  privileges   conferred  by  the 
two  next  preceding  sections  unless  the  following  requirements    have  been 
fulfilled: 

First. — Such  institution  shall  be  incorporated  under  the  laws  of  the 
state  of  Nebraska. 

Second. — The  incorporation  shall  have  at  least  fifty  thousand  dollars 
invested,  or  available  for  use  in  the  school. 


THE  NEBRASKA  SCHOOL  LAWS  83 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

Third. — The  incorporation  shall  employ  not  fewer  than  five  teachers 
who  shall  put  in  full  time  in  giving  instruction  in  the  branches  of  study 
required  to  be  taught  by  the  provisions  of  the  two  next  preceding  sections. 

Fourth. — The  state  superintendent  of  public  instruction  shall  satisfy 
himself  by  personal  inspection  or  by  the  personal  inspection  of  the  state 
board  of  examiners  for  life  certificates'  that  any  institution  desiring  recog- 
nition under  said  sections  has  fully  complied  with  the  requirements  set  forth 
herein  and  in  the  two  next  preceding  sections. 

Fifth. — The  entrance  requirements  to  the  elementary  and  higher  courses 
and  the  time  required  for  the  completion  of  said  courses  shall  be  the  same 
as  in  the  state  normal  schools.  Each  year  the  state  superintendent  of  public 
instruction  shall  satisfy  himself  by  personal  inspection  or  by  the  personal 
inspection  of  the  state  board  of  examiners  for  life  certificates  that  the  require- 
ments have  been  met  before  any  certificate  can  be  granted  by  such  institu- 
tion. 

6878  Sec.  179.     Effect     of     alcoholic     drinks. — Provisions     shall      be 
made  by  the  proper  local  school  authorities  for  instructing  the    pupils  in 
all  schools  supported  by  public  money,  or  under  state  control,  in  physiology 
and  hygiene,  with  special  reference  to  the  effects  of  alcoholic  drinks  and 
other  stimulants  and  narcotics,  upon  the  human  system. 

6879  Sec.  180.     Same — certificate. — No  certificate  shall  be  granted  to 
any  person  to  teach  in  the  public  school  of  the  state  of  Nebraska,  who  has  not 
passed  a  satisfactory  examination  in  physiology  and  hygiene,   with   special 
reference  to  the  effects  of  alcoholic  drinks  and  other  stimulants  and  narcotics 
upon  the  human  system. 

6880  Sec.  181.     Teachers' institutes — when  held. — For  the  purpose  of 
allowing  teachers  an  opportunity  to  improve  themselves  in  the  art  of  teaching 
and  to  promote  uniform  methods  of  instruction  in  the  public  schools  of  the 
state,  county  teachers'  institutes  shall  be  organized  and  conducted  annually, 
during  the  months  of  June,  July  or  August,  by  county  superintendents;  pro- 
vided that  two  or  more  county  superintendents,  with  the  approval  of  and  in 
conjunction  with  the  state  superintendent  of  public  instruction,  may  organize 
and  conduct  joint  institutes  at  such  time  and  place  and  for  such   length   of 
term  as  they  may  deem  practicable,  in  lieu  of  the  county  institute. 

6881  Sec.  182.     Attendance. — It  shall  be  the  duty  of    county    super- 
intendents and  teachers  to  attend  the  institute  of  their  county,    or    dis- 
trict, in  case  of  joint  institutes,  at  least  one  week  for  the  purpose   of   com- 
paring notes,  planning  and  outlining  the  work  of  the  current    or    coming 
school  year  and  to  study  methods  of  school  work  and  the  science  and  art  of 
teaching. 

6882  Sec.  183.     Expenses. — For   the    purpose    of    defraying  .  the    ex- 
pense of  these  institutes  there  is  hereby  appropriated    the    entire  institute 
funds  of  the  county  or  counties  for  which  the  institute  is  organized  and  con- 
ducted, or  so  much   of  said  fund  as  may  be  necessary;  Provided,    in  the 
case  of  joint  institutes  the  expense  shall  be  borne  by  the  institute  fund  of  the 
counties  represented  pro  rata  according  to  the  number  of  teachers  in  attend- 
ance from  each  county. 


84  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTL  ETT  CO..  OMAHA. 

6883  Sec.  184.     Institute  fund. — To  form  a  fund  to  defray  the  expense 
of  institutes,  each  teacher  examined  for  a  certificate,  or  who  has  a  certificate 
renewed  or  endorsed,  or  who  has  a  certificate  or  diploma  registered  by  the 
county  superintendent,  shall  pay  the  sum  of  one  dollar  to  the  county  super- 
intendent; and  at  the  time  of  the  institute  each  person  in  attendance  may 
be  required  to  pay  an  additional  sum  not  to  exceed  one  dollar  per  week  as 
an  institute  enrollment  fee;  to  which  sum   thus   raised   the   county    board 
shall    add    each    year    the    sum    of    twenty-five    dollars  from  the  general 
fund  of  the  county,  and  if  they  deem  it  desirable  they  may  increase  the 
amount  to  any  sum  not  to  exceed  one  hundred  dollars.     The  county  super- 
intendent shall  make  a  semi-annual  statement  under  oath  to  the  county 
board  of  all  moneys  received  by  him  for  the  institute  fund  and  of  all  moneys 
disbursed  by  him  from  the  fund. 

6884  Sec.  185.     Disbursements. — All    disbursements    from     the     in- 
stitute fund  shall  be  upon  the  order  of  the  county  superintendent  and  upon 
bills  approved  by  him,  which  bills  shall  be  filed  in  his  office. 

6885  Sec.  186.     Institute  term — close  schools. — The    county    superin- 
tendent shall  notify  all  teachers,  and  the  board  of  all  school  districts  in  his 
county  of  the  time  when  the  institute  will  begin  and  all  common  schools  shall 
be  closed  during  the  continuance  of  the  institute. 

6886  Sec.  187.     Refusal     to    attend — penalty. — The    county    superin- 
tendent may  at  his  discretion  revolke  the  certificate  of  or  refuse  to  grant  a 
certificate  to  any  teacher  who  fails  or  refuses  to  attend  the  county  or  joint 
institute.        Should   graduates   from   the   elementary   course    of    the   state 
normal  refuse  to  attend  such  institute,  it  shall  be  the  duty  of  the   county 
superintendent  to  report  said  refusal  to  the  principal  of  the   normal   school 
who  shall  revoke  the  certificate  of  said  normal    graduate;     Provided,    the 
county  superintendent  may  excuse  experienced  teachers  from  such  attendance 
when  application  is  made  before  the  opening  of  the  institute  and  satisfactory 
reasons  for  absence  are  given  in  writing  by  such  teachers_. 

A  county  superintendent  should  not  revoke  a  teacher's  certificate  on  a  partial  hearing, 
but  should  act  in  such  matters  only  after  a  full  hearing  of  the  evidence  for  and  against  such 
revocation. 

It  is  legal  to  receive  the  enrollment  fee  of  teachers  excused  from  attending  the   institute 
This  legal  requirement  for  institute  attendance   is  construed  to  apply  to  all  teachers 
holding  positions  in  schools  organized  under  articles  3  and  6.    The  holders  of  first-grade  state 
certificates  and  state  professional  certificates  are  required  to  attend  the  institute  unless  ex- 
cused by  the  county  superintendent. 

Teachers   holding   positions   in  schools   organized    under   article  21     are    required  to 
attend  the  city  or  county  institute  unless  excused  by  the  city  superintendent. 


ARTICLE  XV. 

COUNTY   SUPERINTENDENT. 

SECTION 


SECTION 

6887.  Election,  term. 

6888.  General  duties. 

6889.  Examination  for  admission  to  Normal 

School. 

6890.  State  superintendent  prepare  questions- 

6891 .  Communication  from  state  superintend- 

6892.  Report  to  same.  [ent. 

6887     Sec.  188.     Election,   term. — There   shall   be   a   county 
tendent  in  each  organized  county,  whose  term  of  service  shall  be  two  years. 


6893.  Superintendent  may  administer  oaths. 

6894.  State  superintendent — order  from  same. 

6895.  Vacancy,  how  filled. 

6896.  Negligent  reports  of  districts. 

6897.  County  superintendent  to  report  each 

deaf,  dumb  and  blind  school  person  in 
county. 


THE  NEBRASKA  SCHOOL  LAWS  85 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

and  who  shall  be  elected  at  the  same  time  and  in  the  same  manner  as  other 
county  officers.  No  person  shall  be  eligible  to  the  office  of  county  superin- 
tendent who  does  not  hold  at  least  a  first  grade  county  certificate  issued  in 
this  state  and  in  force  at  the  time  of  his  election.  It  shall  be  the  duty  of 
the  county  clerk  to  notify  the  state  superintendent  of  the  election  of  the_ 
county  superintendent  at  the  time  the  election  is  ascertained.  The  provisions 
of  this  article  so  far  as  the  same  relate  to  the  certificates  of  county  super- 
intendents shall  not  apply  to  counties  having  less  than  1,000  inhabitants. 

The  law  does  not  provide  for  a  deputy  county  superintendent,  and  action  by  such  per- 
son is  not  legal.  If  the  person  elected  county  superintendent  cannot  act,  he  should  resign  and 
allow  another  to  be  appointed.  The  powers  and  duties  of  the  county  superintendent  of  public 
instruction  are  derived  entirely  from  the  statute.  He  can  exercise  only  such  powers  as  are 
especially  granted  or  incidentally  necessary  to  carry  the  same  into  effect.  Any  proceed- 
ings on  his  part  beyond  the  scope  of  his  authority,  or  where  he  has  no  jurisdiction,  are  abso- 
lutely void.  6  Neb.,  539. 

Sec.  188A.  County  superintendent. — The  county  board,  at  the  first 
regular  session  of  each  year,  shall  determine  the  compensation  'to  be  paid  to 
the  county  superintendent,  but  in  counties  containing  a  school  population 
of  fifteen  thousand,  or  more,  such  compensation  shall  not  be  less  than 
twenty-two  hundred  dollars  per  annum;  in  counties  containing  a  school  popu- 
lation of  seven  thousand  and  less  than  fifteen  thousand,  such  compensation 
shall  not  be  less  than  eighteen  hundred  dollars  per  annum;  in  counties  contain- 
ing a  school  population  of  six  thousand  and  less  than  seven  thousand,  such 
compensation  shall  not  be  less  than  sixteen  hundred  d6llars  per  annum;  in 
counties  having  a  school  population  of  not  less  than  four  thousand,  and  not 
more  than  six  thousand,  such  compensation  shall  not  be  less  than  fourteen 
hundred  dollars;  in  counties  containing  a  school  population  of  two  thousand 
five  hundred  and  not  less  than  four  thousand,  such  compensation  shall  not 
be  less  than  thirteen  hundred  dollars  per  annum;  in  counties  containing  a 
school  population  of  two  thousand  and  less  than  two  thousand  five  hundred, 
such  compensation  shall  not  be  less  than  eleven  hundred  dollars  per  annum; 
in  counties  containing  a  school  population  of  fifteen  hundred  and  less  than 
two  thousand,  such  compensation  shall  not  be  less  than  one  thousand  dollars 
per  annum;  in  counties  containing  a  school  population  of  less  than  one  thou- 
sand five  hundred,  the  county  superintendent  shall  receive  not  less  than 
five  dollars  per  day  for  each  day  actually  employed  in  the  performance  of 
the  duties  of  the  office,  but  the  total  compensation  in  this  class  shall  not  ex- 
ceed one  thousand  dollars  per  annum.  The  number  of  days  necessary  for 
the  performance  of  said  duties  shall  be  determined  by  the  county  superin- 
tendent, but  the  number  of  days  so  employed  shall  not  be  less  than  two  times 
the  number  of  districts  in  the  county,  and  one  day  for  each  precinct  thereof 
for  the  examination  of  teachers.  The  county  board,  at  their  option,  may  allow 
the  county  superintendent  such  clerk  hire  and  traveling  expenses  as  they  deem 
necessary,  and  for  said  traveling  expenses  the  county  superintendent  shall 
present  such  sworn  statements  and  receipts  as  the  county  board  may  require. 
Provided,  however,  in  counties  where  the  assessed  valuation  of  county 
is  not  in  excess  of  the  sum  of  five  hundred  thousand  dollars,  the  number  of 
days  necessary  for  the  performance  of  said  duties  may  be  determined  by  the 
county  board,  but  the  number  of  days  so  employed  shall  not  be  less  than  two 
times  the  number  of  districts  in  the  county,  and  one  day  for  each  precinct 
thereof  for  the  examination  of  teachers. 


86  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  A  BARTLETT  CO.,  OMAHA. 

6888  Sec.  189.     General  duties. — It  shall  be  the  duty  of  the  county 
superintendent  to  visit  each  of  the  schools  of  his  county  at  least  once  in  each 
year  to  examine  carefully  into  the  discipline  and  modes  of  instruction  and  into 
the  progress  and  proficiency  of  the  pupils,  and  to  make  a  record  of  the  same, 
and  to  counsel  with  teachers  and  district  boards  as  to  the  course  of  study  to  be 
pursued,  and  for  the  improvement  of  the  instruction  and  discipline  of  the  school 
to  note  the  condition  of  the  schoolhouse  and  appurtenances  thereto,  and  to 
suggest  a  place  for  new  school  houses  to  be  erected,  and  for  warming  and  venti- 
lating the  same,  and  the  general  improvement  of  the  school  house  and  grounds; 
to  promote  by  public  lectures  and  teachers'  institutes,  and  by  such  other 
means  as  he  may  devise  for  the  improvement  of  the  schools  in  his  county,  and 
the  elevation  of  the  character  and  qualifications  of  the  teachers  thereof;  to  con- 
sult with  the  teachers  and  school  boards  to  secure  general  and  regular  attend- 
ance of  the  children  of  his  county  upon  the  public  schools;  Provided,  further, 
That  it  shall  be  the  duty  of  the  county  superintendent  to  furnish  to  each 
district  in  the  county  a  copy  of  the  course  of  study  for  public  schools  as  pre- 
scribed by  the  state  superintendent;  to  forward  to  the  teachers  from  time  to 
time,  such  written  or  printed  questions  for  reviews  based  upon  such  course 
of  study,  as  in  his  judgment  are  necessary  or  expedient;  to  furnish  the  neces- 
sary blanks  for  the  annual  report  of  the  director,  the  census  report  of  the 
district,  and  such  other  blanks  as  he  may  deem  helpful  for  the  work  of  the 
schools;  and  to  furnish  the  necessary  record  books  for  the  schools  and  for 
the  district  officers.     All  the  supplies  above  mentioned  not  paid  for  by  the 
state  shall  be  paid  for  out  of  the  general  funds  of  the  county. 

6889  Sec.  190.     Examination  for  admission  to  normal  school. — The 
county  superintendent  shall,  at  the  time  of  his  regular  examination  for  the 
licensing  of  teachers  on  the  third  Saturday  of  April  and  on  the  third  Saturday 
of  July  of  each  year  and  on  such  other  day  or  days  in  said  months  as  he  may 
appoint,  conduct  an  examination  of  applicants  for  admission  to  the  state 
normal  schools  of  Nebraska. 

6890  Sec.  191.     State  superintendent  prepare  questions. — The  list  of 
questions  used  in  such  examinations  of  applicants  for  admission  to  the  state 
normal  school  shall  be  prepared  by  the  state  superintendent  of  public  instruc- 
tion and  the  faculty  of  the  state  normal  school,  transmitted  under  seal  to  the 
several  county  superintendents,  who  shall  place  them  before  the  applicants 
under  the  same  conditions  as  to  time  and  supervision  as  in  the  examination 
of  teachers  for  license  to  teach.    At  the  close  of  such  examinations  the  county 
superintendent  shall  collect  the  papers  prepared  by  the  applicants  and  shall 
transmit  tlem  under  seal  to  the  state  superintendent  of  public  instruction, 
with  a  certified  list  of  the  applicants  preparing  such  papers.     All  necessary 
expenses  connected  with  the  conduct  of  these  examinations    and  the  trans- 
mission of  the  papers  shall  be  paid  by  the  state  normal  school  or  other  normal 
schools  that  may  be  established. 

6891  Sec.  192.     Communication  from  state  superintendent. — It  shall 
be  the  duty  of  the  county  superintendent  to  receive  all  such  blanks  and   com- 
munications as  may  be  directed  to  him  by  the  state  superintendent  of  public 
instruction,  and  to  dispose  of  the  same  in  the  manner  directed  by  the  state 
superintendent. 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 


87 


6892  Sec.  193.     Report   to   same. — The   county   superintendent   shall 
examine  into  the  correctness  of  the  reports  of  the  district   boards,     and 
may,  when  necessary,  require  the  same  to  be  amended,  and  shall  indorse 
his  approval  on  such  as  he  shall  find  correct,  and  transmit  duplicates  thereof, 
together  with  such  other  information  as  may  be  required  of  him,  to  the  state 
superintendent  of  public  instruction,  when  required  by  said  state  superin- 
tendent. 

6893  Sec.  194.     Superintendent     may     administer     oaths. — For     the 
purpose  of  attesting  school  reports  and  other  purposes  connected  with  the 
administration  of  the  school  law,  county  superintendents  are  hereby  author- 
zed  to  administer  the  required  oaths. 

6894  Sec.  195.     State  superintendent — order  from  same. — The  county 
superintendents  shall  be  subjected  to  such  rules  and  instructions  as  the  state 
superintendent  of  public  instruction  may  from  time  to  time  prescribe;  and 
they  shall  report  annually  to  the  superintendent  of  public  instruction,  at 
such  times  as  he  may  direct,  of  the  official  labors  performed,  and  of  the  gen- 
eral condition  and  management  of  the  schools  under  their  charge,  and  such 
other  information  as  may  be  required  of  them  by  said  superintendent. 

6895  Sec.  196.     Vacancy,    how    filled. — Whenever    by    death,    resig- 
nation, or  removal,  or  otherwise  the  office  of  superintendent  shall  become 
vacant,  the  county  board  shall  have  power  to  fill  such  vacancy. 

6896  Sec.  197.     Negligent  reports   of  districts. — Should   any  district 
neglect  to  send  in  the  reports  required  by  section  83,  of  this  chapter,  by 
the  first  Monday  in  July,  it  shall  be  the  duty  of  the  county  superintendent 
to  notify  the  officers  of  such  district  that  the  report  is  due,  and  should  be 
sent  at  once. 

6897  Sec.  198.     County  superintendent  to  report  each  deaf,  dumb  and 
blind   school  person  in  county. — Each   county    superintendent  of  schools 
shall  report  to  the  superintendent  of  the  institute  for  the  deaf  and  dumb,  on 
the  first  day  of  April  of  each  year,  the  name,  age,  residence,  and  post  office 
address  of  every  person  between  the  ages  of  6  and  21  years,  who  is  deaf  and 
dumb  and  who  resides  in  the  county  of  which  he  is  superintendent.     He  shall 
also  report  on  the  same  date  to  the  superintendent  of  the  institution  for  the 
blind,  the  name,  age,  residence,  and  post  office  address  of  every  blind  person, 
and  of  every  person  blind  to  such  an  extent  as  to  be  unable  to  acquire  an 
education  in  the  common  schools,  and  who  resides  in  the  county  in  which  he 
is  superintendent. 

Cited  43  Neb.,  184 

ARTICLE  XVI. 

STATE  SUPERINTENDENT. 


SECTION 

6898.  Location  of  office. 

6899.  Teachers'  institute. 
6960.  Visit  schools. 

6901.  Decide  questions  of  school  law. 

6902.  Forms  for  reports. 

6903.  Publish  school  laws. 


SECTION 

6904.  Annual  report. 

6905.  Same — distribution. 

6906.  Make  apportionment  of  school  funds. 

6907.  Deputy. 

6908.  Same— salary. 


6898     Sec.  199.     Location  of  Office. — The  superintendent  of  public  in- 
struction shall  keep  an  office,  which  shall  be  furnished  for  him  at  the  seat  of 


88  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.,  OMAHA. 

government  of  the  state,  and  he  shall  keep  all  books  and  papers  pertaining  to 
his  office  therein,  subject  at  all  times  to  the  examination  of  the  governor  or 
auditor  of  state,  or  a  committee  from  either  branch  of  the  legislative  assembly. 

6899  Sec.  200.     Teachers'    institutes. — He    shall    organize     teachers' 
normal  institutes  at  such  times  and  places  as  he  shall  deem  practicable.     He 
shall,  as  far  as  practicable,  attend  such  institute  and  provide  proper  instruc- 
tors for  the  same,  and  in  other  ways  seek  to  improve  the  efficiency  of  teachers, 
and  advance  the  cause  of  education  in  the  state. 

6900  Sec.  201.     Visit  schools. — He  shall  visit  such  schools  as  he  may 
have  it  in  his  power  to  do,  and  witness  and  advise  with  teachers  and  school 
officers  upon  the  manner  in  which  they  are  conducted. 

6901  Sec.  202.     Decide  questions  of  school  law. — He  shall  decide  dis- 
puted points  in  school  law,  and  all  such  decisions  shall  be  held  to  have  the 
force  of  law  till  reversed  by  the  courts. 

6902  Sec.  203.     Forms    for    reports. — He    shall    prescribe    forms     for 
making  all  reports  and  regulations  for    all  proceedings    under  the  general 
school  laws  of  the  state. 

6903  Sec.  204.     Publish  school  laws. — He  shall  cause  to  be  printed,  in 
pamphlet  form,  the  school  laws  and  laws  relating  to  the  school  lands  with   blank 
forms  prescribed  by  him,  and  furnish  each  county  superintendent  with  a 
sufficient  number  to  supply  the  district  officers  within  his  jurisdiction. 

6904  Sec.  205.     Annual    report. — He    shall    annually,    on    the    first 
day  of  January,  submit  to  the  governor  of  the  state  a  full  report  of    the 
operations  of  his  office  during  the  year,  which  report  shall  contain  a   state- 
ment of    the  school  funds  of    the  state,  and  an  account  of    the  receipts 
and  expenditures  for  the  purpose  of  schools,  a  statement  of  the  condition 
of  the  common  schools  and  other  educational  institutions  chartered  or  fos- 
tered by  the  state,  embracing  the  number  of  schools  of  the  several  grades, 
the  number  and  average  compensation  of  the  teachers,  the  names  and  com- 
pensations of  county  superintendents,  the  number  of  pupils  attending  the 
several  schools,  the  enumeration  of  youth  by  counties,  the  value  of  school- 
houses,  sites,  apparatus,  and  furniture;  a  statement  of  such  plans  as  he  may 
devise  for  the  better  management  of  the  school  funds,  and  the  school  system, 
and  such  other  statements  as  he  may  deem  expedient  to  communicate  relat- 
ing to  his  office  and  popular  education. 

6905  Sec.  206.     Same — distribution. — He  shall  cause  his  report  to   be 
printed  by  the  state  bureau  of  printing,  and  shall  deliver  at  the   commence- 
ment of  each  regular  session  of  the  legislature  fifty  copies  thereof  to  the 
senate,  and  one  hundred  and  fifty  copies  to  the  house  of  representatives,  and 
shall  transmit  one  copy  to  each  county  and  city  superintendent  of  schools  in  the 
state,  and  one   to   each    state   superintendent  of   public  instruction  of  other 
states. 

6906  Sec.  207.     Make  apportionment  of  school  funds. — He  shall,  semi- 
annually,  on  or  before  the  third  Monday  in  June  and  the  last  Monday  in 
December,  make  an  apportionment  of  the  funds  which  are  in  the  treasury 
and  which  are  applicable  to  the  support  of  schools,  which  apportionment 
shall  be  based  upon  the  enumeration  of  youth  reported  to  the  state  superin- 
tendent by  the  county  superintendents. 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 


89 


6907  Sec.    208.     Deputy. — The  superintendent  of    public    instruction 
of  the  state  of  Nebraska  shall  have  power  to  appoint  a  deputy  superinten- 
dent of  public  instruction  and  the  said  deputy  may  do  and  perform,  in  the 
absence  or  inability  of  the  superintendent  of  public  instruction,  all  the  acts 
and  duties  that  may  be  authorized  and  required  to  be  performed  by  the 
superintendent  of  public  instruction;  and  the  superintendent  shall  be  respon- 
sible for  all  the  official  acts  of  his  deputy. 

Cited  25  Neb.,  662. 

6908  Sec.  209.     Same — salary. — Said  deputy  shall  receive  a  salary   of 
eighteen  hundred  dollars  per  annum,  to  be  paid  by  warrant  of  the  auditor 
of  public  accounts  on  the  treasurer,  said  warrant  to  be  drawn  monthly. 


ARTICLE  XVII. 

SCHOOL  HOUSE  SITES. 


SECTION 

6909.  Condemnation  of  land  for. 

6910.  Site — use — reversion. 

6911.  Extent  of  site  taken. 


SECTION 

6912.  Appeal  from  appraisement. 

6913.  Site  on  state  land. 


6909  Sec.  210.  Condemnation  of  land  for. — If  the  owner  of  any  real 
estate  on  which  a  school  board  may  desire  to  locate  a  schoolhouse,  or  which  the 
school  board  needs  for  an  extension  of  school  grounds,  refuses  or  neglects  to 
grant  the  site  on  his  or  her  premises,  or  if  such  owner  cannot  be  found,  the 
county  superintendent  shall  appoint  three  disinterested  persons,  none  of 
whom  shall  be  residents  of  the  district,  whose  duty  it  shall  be,  after  taking  an 
oath  to  faithfully  discharge  the  duties  imposed  on  them  by  this  subdivision, 
to  inspect  such  real  estate  and  assess  the  damages  which  such  owner  shall 
sustain  by  the  appropriation  of  his  land  for  the  use  of  the  house  and  school, 
and  make  a  report  to  the  county  superintendent,  giving  amount  of  land  and 
damages,  with  exact  location  of  land,  who  shall  file  and  preserve  the  same 
in  his  office.  Each  person  acting  as  such  appraiser  shall  receive  the  sum  of 
two  dollars  per  day  for  his  services.  Provided,  however,  whenever  it 
shall  become  necessary  to  appropriate  private  property  for  general  school 
purposes  in  school  districts  in  cities,  and  such  appropriation  shall  be  declared 
necessary  by  resolution  of  the  board  of  education  of  a  school  district  organized 
within  the  limits  of  a  city  which  resolution  shall  be  conclusive  of  the 
necessity  for  such  appropriation,  the  county  judge  of  the  county  in  which 
the  real  estate  may  be  situated,  shall  upon  the  application  of  the  board  of 
education  of  such  school  district  located  in  a  city,  appoint  three  disinterested 
freeholders  of  the  school  district  in  which  such  real  estate  is  situated,  who, 
after  being  duly  sworn  to  perform  the  duties  of  their  appointment  with  fidel- 
ity and  impartiality,  and  after  reasonable  notice  to  the  owners  and  parties  in- 
terested in  the  property,  the  time  and  manner  of  the  notice  to  be  determined 
by  the  order  of  the  county  judge,  shall  assess  the  damages  to  the  owners  of  the 
property  and  parties  interested  therein  respectively  taken  by  such  appropri- 
ation. Such  assessment  shall  be  reported  in  writing  to  the  county  judge  of 


90  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.,  OMAHA. 

said  county  and  if  the  same  shall  be  confirmed  by  the  board  of  education,  the 
damages  so  assessed  shall  be  paid  to  the  owners  of  such  property  or  deposited 
with  the  county  judge  of  said  county,  subject  to  the  order  of  such  owner  or 
owners,  respectively,  after  which  such  property  may  at  any  time  be  taken  for 
the  use  of  the  school  district  and  the  school  district  shall  be  entitled  to  the  pro- 
cess of  the  court  to  place  it  into  immediate  possession  of  said  property.  If 
the  assessment  be  not  confirmed  by  the  board  of  education,  proceedings  may 
be  taken  anew  to  assess  the  damages  upon  application  of  the  board  of  educa- 
tion for  the  appointment  of  other  and  different  appraisers,  whereupon  said 
county  judge  shall  make  an  order  of  appointment  of  different  appraisers  and 
proceedings  shall  be  had  in  like  manner  as  herein  provided  for. 

6910  Sec.  211.     Site — use — reversion. — The    school    board    shall    pay 
the  cost  of  this  appraisement,  and  after  paying  to  the  owner  of  the  land  the 
amount  of  damages  assessed  may  enter  upon  and  occupy  the  land  as  long  as 
the  district  desires  to  use  it  for  district  purposes;  but  should  the  same  cease  to 
be  used  for  school  purposes  it  shall  revert  back  to  the  owner  of  the  fee  simple   of 
the  land  from  which  it  was  taken  on  the  payment  by  him  of  the  amount  orig- 
inally paid  for  the  land  without  interest.    Provided,  however,  property  taken 
under  the  provisions  of  this  article  by  school  districts  in  cities  shall  vest  a  fee 
simple  title  in  such  school  district. 

6911  Sec.  212.     Extent  of  site  taken.— When  the  land  is   thus   taken 
without  the  consent  of  the  owner,  it  shall  not  be  more  in  amount  than  one  acre, 
and  all  orchards,  gardens,  public  parks,  shall  not  be  liable  to  be  thus  taken,  nor 
shall  land  be  taken  within  twenty  rods  of  any  residence.    Provided,  however, 
the  provisions  of  this  section  shall  not  apply  to  school  districts  in  cities, 

6912  Sec.  213.     Appeal  from  appraisement. — The  owner   of  land  thus 
taken  may  appeal  to  the  district  court,  and  such  appeal  shall  be  taken  within 
sixty  days  and  in  the  same  manner  and  by  the  same  proceedings  as  in  cases  of 
condemnation  by  a  railroad  company  for  right  of  way,  but  the  school  board 
shall  not  be  liable  for  costs  of  appeal  unless  the  court  grant  greater  dam- 
ages   than    the    committee    of    appraisement    gave.        Provided,    however, 
in    the     exercise    of   the   right    of   eminent    domain    by  school  districts  in 
cities,  the  owner  of  the  land  thus  taken  shall  have  the  right  to  appeal  from 
the  assessment  of  damages  to  the  district  court  of  the  county  in  which  such 
property  is  situate  within  thirty  days  after  the  assessment  provided  for  in 
this  article  and  in  case  of  such  appeal  the  decision  and  finding  of  the  district 
court  shall  be  transmitted  by  the  clerk  thereof  duly  certified  to  the  secretary 
of  the  board  of  education  of  such  school  district  to  be  filed  and  recorded  in 
his  office;  but  such  appeal  shall  not  delay  the  appropriation  of  the  property 
sought  to  be  taken  and  in  no  case  shall  the   school  district  be  liable  for  the 
cost  on  such  appeal,  unless  the  owner  of  such  real  estate  shall  be  adjudged 
entitled  upon  the  appeal  to  a  greater  amount  of  damage  than  was  awarded 
by   the  freeholders.    The  remedy  by  appeal  herein  allowed,  shall  be  deemed 
and  held  to  be  exclusive.    Upon  appeal  being  taken  by  any  person  from  any 
award  or  assessment  of  damages,  the  school  district  shall  have  the  right,  by  giv- 
ing five  days'  notice  to  the  person  or  persons  appealing,  to  have  such  appeal 
placed  upon  the  trial  docket  or  calendar  of  the  court  to  which  such  appeal 
may  be  taken,  at  the  head  of  the  list  of  cases  for  trial,  and  such  appeal  shall 
have  priority  and  precedence  in  the  order  of  trial  thereof  over  civil  actions, 


THE  NEBRASKA  SCHOOL  LAWS  91 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

and  the  court  shall  so  arrange  the  call  of  cases  for  trial  as  to  give  such  appeal 
such  priority  and  precedence.  The  proceedings  on  appeal  to  the  district  court 
and  for  review  by  the  supreme  court  of  the  proceedings  on  appeal  shall  be 
similar  to  the  proceedings  in  like  cases  under  the  laws  of  the  state  which 
shall  apply  thereto  so  far  as  applicable. 

6913  Sec.  214.  Site  on  state  land. — When  it  is  desired  to  locate  a 
schoolhouse  site  on  school  land  belonging  to  the  state,  the  state  land  com- 
missioner is  hereby  authorized  to  sell  to  the  district  not  less  than  one  nor 
more  than  four  acres,  and  give  a  deed  to  the  district  in  fee  simple  in  the  name 
of  the  state  as  in  other  cases. 


ARTICLE  XVIII. 

SCHOOL  BOOKS. 


SECTION 

69 1 4.  Books — purchase — contract. 

6915.  Publisher — bond — statement. 

6916.  Payment  for  books. 

6917.  Same. 

6918.  Combinations  and  trusts. 


SECTION 
6919.     Price  list. 


Form  of  contract. 

6921.  Violation  of  contract. 

6922.  Ownership  and  use  of  books. 

6923.  School  supplies — local  dealer. 


6914  Sec.  215.  Books — purchase — contract. — District  school  boards 
and  boards  of  trustees  of  high  school  districts,  and  boards  of  education 
in  cities  of  the  first  and  second  class,  and  in  cities  of  the  metropolitan 
class,  are  hereby  empowered  and  it  is  made  their  duty  to  purchase  all  text- 
books necessary  for  the  schools  of  such  district,  and  they  are  further  author- 
ized to  enter  into  contract  as  hereinafter  provided  with  the  publishers  of 
such  books  for  a  term  of  years,  not  to  exceed  five  (5);  Provided,  the 
contract  prices  of  such  books  shall  not  exceed  the  lowest  price  then  granted 
to  any  dealer,  state,  county,  township,  school  district,  or  other  individual 
or  corporation  in  the  United  States  to  be  determined  as  hereinafter  provided; 
and  provided  further,  such  contract  shall  guarantee  to  such  districts 
any  further  reduction  that  may  be  granted  elsewhere  during  the  life  of  such 
contract. 

The  text  book  law  does  not  require  the  district  boards  to  enter  into  contract  for  a  term 
of  years  with  the  publishers.  It  is  left  entirely  to  the  boards'  discretion,  but  no  such  con- 
tract can  be  legally  made  for  a  term  of  years  under  the  provisions  of  this  act  until  the  proper 
bond  is  filed  by  the  publishers. 

Article  17  of  the  School  Laws  is  mandatory,  and  it  is  not  within  the  authority  of 
the  annual  district  meeting  to  vote  not  to  furnish  text-books;  and  under  this  law  any  patron 
of  the  district,  by  the  proper  legal  proceedings,  could  compel  the  district  board  to  furnish  his 
children,  pupils  in  the  school,  the  necessary  text  books,  notwithstanding  any  action  or  failure 
to  act  on  the  part  of  the  meeting  district.  S9me  patron  of  the  district  should  apply  to  the 
district  court  on  behalf  of  the  district  for  a  writ  of  mandamus  to  compel  the  board  to  furnish 
to  the  children  of  the  district  the  necessary  text-bo«.ks.  See  the  case  of  Ambrose  Affholder 
et  al.  vs.  State  of  Nebraska,  ex  rel.  Peter  McMullen,  51  Neb.,  91.  In  this  case,  in  the  district 
court  of  Burt  county,  Peter  McMullen  made  application  for  a  peremptory  writ  of  mandamus 
to  compel  Ambrose  Affholder  and  others  constituting  the  school  board  of  district  No.  58  of 
said  county  to  purchase  and  furnish  to  the  children  of  school  age  of  said  district  the  necessary 
text-books  in  accordance  with  the  free  text-book  law.  An  alternative  writ  was  issued,  and 
for  a  return  thereto  the  school  board  interposed  the  defense  that  said  act  was  unconstitu- 
tional. The  writ  was  issued  as  prayed,  and  the  school  board  appealed  the  case  to  the  supreme 
court.  The  supreme  court  sustained  the  district  court.  A  writ  of  mandamus  will  not  issue 
where  it  is  not  within  the  power  of  the  respondent  lawfully  to  comply,  or  where  it  would  other- 
wise be  unavailing.  46  Neb.,  857. 


92  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

6915  Sec.  216.     Publisher — bond — statement. — Before  any  publisher 
of  school  books  shall  be  permitted  to  enter  into  contract  with  any  school  dis- 
trict under  the  provisions  of  this  act,  he  shall  file  with  the  state  superintendent 
of  public  instruction,  to  be  approved  by  him,  a  good  and  sufficient  bond  in  the 
sum  of  two  thousand  to  twenty  thousand  dollars  for  the  faithful   perform- 
ance of  the  conditions  of  such  contracts,  and  the  observance  of    the  re- 
quirements of  this  act;  and  such  publisher  shall  also  file  with  the    state 
superintendent  of  public  instruction  a  sworn  statement  of  the  lowest  prices 
for  which  his  series  of  text-books  are    sold  anywhere  in  the  United  States; 
and  a  failure  to  file  such  bond  and  sworn  statement  of  prices  shall  be  a  good 
and  valid  defense  on  the  part  of  the  district  against  payment  for  any  books 
that  may  be  sold  by  such  publisher  prior  to  the  date  of  filing  such  bond  and 
sworn  statement  of  prices;  and  all  such  contracts  to  which  such  publisher  is  a 
party  made  subsequent  to  the  passage  of  this  act  and  prior  to  filing  such  bond 
and  sworn  statement  of  prices  shall  be  null  and  void. 

6916  Sec.  217.     Payment  for  books. — For  the  purpose  of  paying  for 
school  books,  the  school  district  officers  may  draw  an  order  on  the  county  or 
township  treasurer  for  the  amount  of  school  books  ordered. 

By  decision  of  the  attorney  general  the  provisions  of  this  section  authorizing  the  dia- 
trict  board  to  "draw  an  order  on  the  county  or  township  treasurer,"  in  payment  of  bills  for 
books  being  inconsistent  with  another  statute  is  inoperative.  Such  order  must  be  drawn  on 
the  district  treasurer.  See  19  Neb.,  564. 

6917  Sec.  218.     Same. — The  county  or  township  treasurer  shall    pay 
orders,  drawn  by  school  district  officers,  for  the  purchase  of  school  books,  out 
of  any  funds  in  his  hands  belonging  to  the  district,  except  the  money  received 
from  that  derived  from  teachers'  funds. 

Text-books  may  be  paid  for  out  of  any  funds  on  hand  belonging  to  the  general  fund, 
to  the  incidental  fund,  or  to  a  fund  especially  provided  for  this  purpose. 

6918  Sec.  219.     Combinations  and  trusts. — Any  contract  entered  into 
under  the  provisions  of  this  article  with  any  publisher  who  shall  hereafter  be- 
come a  party  to  any  combination  or  trust  for  the  purpose  of  raising  the  price  of 
school  text-books  shall,  at  the  wish  of  the  school  board  of  the  district  using 
such  books,  become  null  and  void. 

6919  Sec.  220.     Price    lists. — The    state    superintendent    of    public 
instruction  shall,  within  thirty  (30)  days  after  the  filing  of  the  hereinbefore 
mentioned  sworn  statement  of  prices  of  text-books,  have  the  same  printed 
and  forward  a  sufficient  number  of  certified  copies  of  the  same  to  each  of  the 
county  superintendents  of  the  state  to  furnish  all  the  school  districts  of  such 
county  with  one  copy  of  each;  and  the  county  superintendent  shall,  immedi- 
ately after  receiving  said  certified  copies  of  prices  of  books,  send  or  deliver 
one  of  such  certified  copies  to  the  director  or  secretary  of  each  school  district 
or  board  of  education  in  such  county,  to  be  filed  as  a  part  of  the  records  of 
such  district;  and  he  shall  also  file  one  of  said  certified  copies  of  prices  in  his 
office  as  a  part  of  the  records  of  his  office. 

6920  Sec.  221.     Form  of  contract. — It  shall  be  the  duty  of  the   state 
superintendent  of  public  instruction  to  prepare  and  have  printed  a  form  of 
contract  between  district  boards  and  publishers  of  school  books,  and  to  fur- 
nish the  same,  through  the  county  superintendent,  to  the  several  district 
boards  of  the  state;  and  no  other  form  of  contract  shall  be  used  by  such  dis- 
trict boards  and  publishers  in  carrying  out  the  provisions  of  this  article. 


THE  NEBRASKA  SCHOOL  LAWS  93 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

6921  Sec.  222.     Violation  of  contract. — Upon  the  filing  of  a    written 
complaint  with  the  state  superintendent  of  public  instruction  by  the  officers 
of  any  district  board,  charging  any  publisher  with  violating  the  conditions  of 
such"  contract  as  hereinbefore  mentioned,  the  attorney  general  is  hereby 
instructed,  and  it  shall  be  his  duty,  to  investigate  the  same,  and  if  he  finds_ 
probable  cause  for  action  he  shall  immediately  begin  proceedings  in  the 
name  of  the  state  to  enforce  the  liability  on  the  bond  hereinbefore  mentioned. 

6922  Sec.  223.     Ownership  and  use  of  books. — All  books  purchased  by 
district  boards,  as  hereinbefore  mentioned,  shall  be  held  as  the  property  of  the 
district,  and  loaned  to  pupils  of  the  school  while  pursuing  a  course  of  study 
therein  free  of  charge;  but  the  district  boards  shall  hold  such  pupils  respon- 
sible for  any  damage  to,  loss  of,  or  failure  to  return  such  books  at  the  time 
and  to  the  person  that  may  be  designated  by  the  board  of  such  district. 

The  law  provides  that  text -books  shall  be  loaned  to  pupils  while  pursuing  a  course  of 
study  in  the  schools.  It  is  the  duty  of  the  board  of  education  to  place  books  at  the  disposal 
of  pupils  who  need  to  study  in  the  evenings.  If,  however,  in  the  judgment  of  the  teacher  and 
the  board,  pupils  of  certain  classes  cannot  study  profitably  outside  of  school  hours,  it  ie  proper 
to  place  reasonable  restrictions  upon  the  use  of  books  at  home  by  such  pupils  or  classes.  It 
is  not  within  the  authority  of  the  school  bpard  to  lo&n  text  books,  which  are  the  property  of 
the  district,  to  be  used  in  schools  held  outside  the  district. 

6923  Sec.  224.     School  supplies — local  dealer. — The  provisions  of  this 
article  shall  include  all  school  supplies;  Provided,  nothing  in  this  article  shall  be 
construed  to  prohibit  any  pupil  or  parent  from  purchasing  from  the  board  such 
books  as  may  be  necessary,  at  cost  to  the  district;  Provided  further,  the  board 
may  designate  some  local  dealer  to  handle  books  for  the  district,  with  such 
an  increase,  above  contract  price,  to  pay  cost  of  transportation  and  handling, 
as  may  be  agreed  upon  between  the  board  and  the  dealer. 

In  passing  upon  the  constitutionality  of  the  free  text-book  law,  in  discussing  the  word 
"supplies"  the  following  language  is  used  by  the  judge  rendering  the  decision:  "We  do  not 
think  the  term  'text-book'  should  be  given  a  technical  meaning,  but  that  it  is  comprehensive 
enough  and  does  include  globes,  maps,  charts,  pens,  ink,  paper,  etc.,  and  all  other  appar- 
atus and  appliances  which  are  proper  to  be  used  in  the  school  in  instructing  the  youth,  and  we 
conclude,  therefore,  that  the  act  under  consideration  is  not  broader  than  its  title,  and  that  the 
term  'school  supplies'  found  in  the  tenth  section  of  this  act  is  not  foreign  to  the  term  'text- 
books' found  in  the  title  of  the  act,  but  is  germane  to  and  comprehended  and  included  within 
the  term  'text-books.' " 

PUBLIC  LIBRARY  COMMISSION. 

This  act  creates  a  public  library  commission,  defines  its  duties,  and 
establishes  traveling  libraries.  The  governor  is  to  appoint  one  person  for  a 
term  of  five  years  who,  with  the  state  librarian,  the  superintendent  of  public 
instruction,  the  chancellor  and  the  librarian  of  the  University  of  Nebraska, 
shall  constitute  the  commission. 

STATE  BOARD  OF  CHARITIES  AND  CORRECTIONS. 

This  act  establishes  a  state  board  of  charities  and  corrections  and  define 
its  duties  and  powers.  The  governor  of  the  state,  the  commissioner  of  public 
lands  and  buildings,  and  the  state  superintendent  of  public  instruction  con- 
stitute the  board.  The  board  shall  appoint  four  persons  as  advisory  secre- 
taries to  co-operate  with  and  assist  them,  not  more  than  two  of  whom  shall 
belong  to  the  same  political  party.  It  is  the  duty  of  the  board  to  inquire 
into  the  whole  system  of  public  charities  and  the  methods  of  and  practices  in 
the  correctional  institutions  in  the  state  and  counties,  and  to  ascertain  the 
condition  thereof  from  time  to  time  by  inspection  or  otherwise,  especially 
of  prisons,  jails,  infirmaries,  public  hospitals,  asylums,  reformatories  and 
industrial  schools,  etc.,  etc. 


94  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 


ARTICLE  XIX. 

COMPULSORY  EDUCATION. 


SECTIONS 

6924.  Compulsory     arrendance     at     public, 

private  or  porochial  school — exemp- 
tion. 

6925.  Truant  officers — duties — violations. 


SECTIONS 

6926.  Penalty. 

6927.  Special  schools. 

6928.  Duty  of  enumerators. 


6924  Sec.  225.  Compulsory  attendance  at  public,  private,  or  par- 
ochial school — exemption. — In  school  districts  other  than  city  and 
metropolitan  city  school  districts  every  person  having  legal  or  actual  charge 
or  control  of  any  child  or  children  or  youth  not  less  than  seven  nor  more  than 
fifteen  years  of  age,  shall,  during  each  school  year  between  the  second  Monday 
of  July  and  the  last  Monday  of  June  following,  cause  such  child  or  children 
or  youth  to  attend  the  public  day  schools  for  a  period  of  not  less  than  twelve 
weeks,  and  if  the  public  day  school  of  the  school  district  in  which  the  person 
or  persons  having  charge  or  control  of  such  child  or  children  or  youth  may 
reside  shall  be  in  session  during  the  school  year  between  the  second  Monday 
of  July  and  the  last  Monday  of  June  following  more  than  twelve  weeks,  then 
the  person  having  legal  control  of  such  child  or  children  or  youth  shall  cause 
each  of  them  to  attend  public  day  school  not  less  than  two-thirds  of  the  entire 
time  that  said  school  shall  be  in  session  during  the  school  year  as  aforesaid; 
and  in  no  case  shall  such  attendance  be  for  a  less  period  than  twelve  weeks. 
In  city  and  metropolitan  city  school  districts  every  person  residing  within 
such  school  district  who  has  legal  or  actual  charge  or  control  of  any  child  or 
children  or  youth  not  less  than  seven  nor  more  than  sixteen  years  of  age 
shall  cause  such  child  or  children  or  youth  to  attend  the  public  day  school  for 
the  full  period  each  school  year  in  which  the  public  day  schools  of  such  school  dis- 
trict are  in  session.  The  portion  of  this  article  requiring  attendance  in  public 
day  school  shall  not  apply  in  any  case  where  the  child  or  youth  is,  for  a  time 
equal  to  that  required  by  this  article,  instructed  in  some  private  or  parochial 
school;  or  in  any  case  where  the  child  is  instructed  at  home  or  elsewhere  by  a 
person  qualified  to  give  instruction  in  the  studies  required  to  be  taught  in  the 
public  schools;  or  in  any  case  where  the  child  or  youth,  being  of  the  age  of 
fourteen  years,  is  legally  and  regularly  employed  for  his  own  support  or  the 
support  of  those  actually  dependent  upon  him;  or  in  any  case  where  the  child 
or  youth  is  physically  or  mentally  incapacitated  for  the  work  done  in  the 
schools,  or  in  any  case  where  the  child  or  youth  lives  more  than  two  miles 
from  the  school  by  the  nearest  practicable  traveled  road  unless  free  trans- 
portation to  and  from  such  school  is  furnished  to  such  child  or  youth.  In  case 
exemption  is  claimed  on  account  of  mental  or  physical  incapacity,  the  school 
authorities  shall  have  the  right  to  employ  a  physician  or  physicians  who 
shall  have  authority  to  examine  such  child  or  youth,  and  if  such  physician 
or  physicians  shall  declare  that  such  child  or  youth  is  capable  of  undertaking 
the  work  of  the  schools,  then  such  child  or  youth  shall  not  be  exempt  from 
the  requirements  of  this  article.  In  case  exemption  is  claimed  and  granted  on 
account  of  a  child  or  youth  of  the  age  of  fourteen  years  being  legally  and 


THE  NEBRASKA  SCHOOL  LAWS  95 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

regularly  employed  for  his  own  support  or  the  support  of  those  dependent 
upon  him,  such  child  or  youth  may,  in  the  discretion  of  those  charged  with 
]thej  enforcement  of  this  article,  be  required  to  attend  a  public  evening  school 
or  some  other  suitable  school  for  not  less  than  two  hours  each  school  day  and 
not  less  than  three  days  each  week  for  a  school  year  of  not  less  than  twenty 
weeks.  All  persons  of  from  seven  to  eighteen  years  of  age,  who  are  residents 
of  this  state,  and  who  by  reason  of  partial  or  total  blindness  or  deafness  are 
unable  to  obtain  an  education  in  the  public  schools  of  this  state,  shall  under 
the  provisions  of  this  article,  be  required  to  attend  the  Institute  for  the  Blind  or 
the  School  for  the  Deaf,  unless  such  persons  are  being  privately  or  otherwise 
educated  as  in  this  article  prescribed,  or  unless  they  are  not  subjects  for  admis- 
sion to  the  Deaf  and  Dumb  and  Blind  Institute  of  the  state  of  Nebraska. 
In  case  exemption  is  claimed  on  account  of  attendance  at  a  private  or  paro- 
chial school,  as  provided  in  this  article,  or  on  account  of  attendance  upon  suit- 
able instruction  elsewhere  given,  as  provided  in  this  act,  the  authorities  of 
the  private  or  parochial  school  so  attended,  or  the  person  or  persons  giving 
elsewhere  such  instruction,  shall  keep  a  record  showing  the  names  and  ages 
of  all  children  enrolled,  the  number  of  the  school  district  and  the  county  of 
their  residence,  the  number  of  days  such  child  or  children  claiming  exemp- 
tion were  members  of  such  school  or  attendants  upon  such  instruction,  the 
days  on  which  such  pupils  were  present  and  the  days  on  which  they  were 
absent,  and  the  authorities  of  such  private  or  parochial  school,  or  the  person 
giving  elsewhere  such  instruction,  as  well  as  the  authorities  of  all  public 
schools  shall  furnish  at  the  end  of  each  month  of  school  a  report  to  the  county 
superintendent  of  schools,  and  a  duplicate  of  the  report  to  the  director  or 
secretary  of  the  school  district  in  which  such  child  or  children  reside,  on 
blanks  to  be  furnished  or  prescribed  by  the  state  superintendent  of  public 
instruction,  which  report  shall  cover  said  items  of  record  as  above,  except 
that  in  school  districts  organized  under  the  provisions  of  article  21,  22,  23,  of 
this  chapter,  such  report  shall  be  made  to  the  superintendent  of  the  city  schools 
of  such  district.  It  is  hereby  made  the  duty  of  such  county  or  city  superintend- 
ent, upon  the  receipt  of  the  report  for  the  first  month  of  school  in  said  district, 
and  each  two  weeks  thereafter,  to  compare  such  reports  with  the  last  census 
report  on  file  in  his  office  from  such  district,  and  prepare  a  list  of  all  children  or 
youth  resident  in  such  district  who  are  not  receiving  instruction  as  in  this 
article  provided,  and  to  transmit  the  list  to  the  officer  or  officers  in  such  dis- 
trict whose  duty  it  is  to  enforce  the  provisions  of  this  article. 

6925  Sec.  226.  Truant  officers — duties — violations. — Boards  of  edu- 
cation in  cities,  villages,  and  metropolitan  cities  shall  appoint  one  or  more 
truant  officers,  who  shall  qualify  as  police  officers;  shall  enforce  the  pro- 
visions of  this  law  in  the  wards  or  districts  for  which  they  severally  act; 
shall  have  authority  to  apprehend  and  take  to  his  home  or  to  some  public, 
private,  or  parochial  school  any  child  found  in  violation  of  this  act,  and  shall 
be  compensated  for  his  or  their  services  in  such  sums  as  shall  be  determined 
by  the  board  of  education,  to  be  paid  out  of  the  general  school  fund  of  the 
city  or  village.  In  all  school  districts  in  this  state  any  superintendent, 
principal,  teacher,  or  member  of  the  board  of  education,  who  shall  know  of 
any  violation  of  this  article  on  the  part  of  any  child  or  children  of  school  age, 
their  parents,  or  persons  in  actual  or  legal  control  of  such  children,  or  any 


96  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

other  person,  shall,  ai  soon  as  possible,  report  such  violation  to  the  superin- 
tendent of  public  instruction  of  the  county,  who  shall  immediately  investi- 
gate the  case  and,  if  necessary,  give  written  notice  to  the  person  or  persons 
violating  this  article  warning  him  or  them  to  comply  with  its  provisions;  and, 
if  in  one  week  from  the  time  such  notices  are  given,  such  person  or  persons 
are  still  living  in  violation  of  this  article,  then  such  county  superintendent  shall 
file  a  complaint  against  such  person  or  persons  before  the  county  judge  of 
the  county  charging  such  persons  with  violation  of  the  provisions  of  this  article; 
Provided,  If  the  violation  occurred  within  any  city  such  superinten- 
dent may,  in  his  discretion,  file  such  complaint  before  the  police  judge  of 
such  city. 

6926  Sec.  227.     Penalty. — Any  person  or  persons  violating  the  two  next 
preceding  sections,  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon  con- 
viction thereof,  shall  pay  a  fine  of  not  less  than  five  dollars  nor  more   than 
twenty-five  dollars. 

6927  Sec.  228.     Special  schools. — The  boards  of  education   in    cities 
may,'  in  their  discretion,  establish  and  conduct  special  schools  for  the  instruc- 
tion of  children  who  cannot  profitably  or  properly  be  cared  for  in  the  usual 
schools.     Any  child  of  school  age  who  is  habitually  truant  or  incorrigible,  or 
whose  conduct  and  habits   are  such  that   he  cannot  with  profit  to  himself  or 
in  justice  to  the  other  members  of  the  school  be  retained  and  instructed  in 
the  usual  schools,  may  upon  complaint  of  the  person  having  legal  or  actual 
control  of  such  child,  or  upon  complaint  of  the  principal  or  head  of  the  school 
where  such  child  is  attending,  or  on  complaint  of  the  truant  officer  be  required 
by  the  superintendent  of  the  city  schools  to  attend  a  special  school  as  pro- 
vided for  in  this  section,  until  such  time  as  the  child's  habits  and  conduct 
become  such  as  to  make  it  advisable  and  proper  for  him  to  be  received  again 
into  the  usual  school,     These  special  schools  shall  be  taught  in  such  localities 
as  may  be  considered  proper  and  suitable  by  the  board  of  education;  they 
shall  give  instruction  in  the  branches  required  by  law  to  be  taught  in  the 
common  schools;  they  shall  be  as  good  in  conveniences,  equipment,  and  con- 
dition of  health  as  the  usual  schools  of  the  city  where  they  are  situated  and 
they  shall  be  taught  by  teachers  especially  fitted  by  nature  and  experience  to 
control  and  instruct  wisely  and  successfully  the  special  class  of  children  to  be 
educated  therein. 

6928  Sec.  229.     Duty    of    enumerators. — In    order    that    the     provi- 
sions of  this  article  may  be  the  better  enforced  it  is  hereby  ordered  that   all 
enumerators  of  persons  of  school  age,  in  taking  the  annual  school  census,  shall 
ascertain  and  record  the  place  and  date  of  birth  of  each  child  enumerated, 
together  with  the  school  or  schools  attended,  or  the  place  or  places  in  which, 
or  the  person  or  persons  by  whom  such  child  was  instructed  during  the  pre- 
ceding school  year,  and  the  person  having  control  of  such  child  shall  take 
oath  or  affirmation  that  such  record  is  true.     The  enumerator  is  hereby 
empowered  to  administer  such  oath  or  affirmation.     Any  person  who  shall 
refuse  to  take  such  oath  or  affirmation,  or  who  shall  with  intent  to  evade  any 
of  the  provisions  of  this  article,  wilfully  make  false  statement  concerning  any 
child  or  children  under  his  control  and  subject  to  the  provisions  of  this  article, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  dollar  and  not  more  than  ten  dollars. 


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97 


ARTICLE  XX. 


SCHOOL   FUNDS. 


SECTION 

6929.  Collections — report  to  state  treasurer. 

6930.  Exhibit  by  state  treasurer — apportion- 

ment to  counties. 

6931.  Apportionment  to  districts. 

6932.  New  districts. 

6933.  Fractional  districts. 

6934.  Certificate  of  apportionment. 


SECTION 

6935.  No  fees  for  receiving  and  disbursing. 

6936.  Misuse  of  funds. 

6937.  Apportionment — when  drawn. 

6938.  Forest     reserve     fund     distributed     to 

schools.. 

6939.  Same — apportionment. 

6940.  Same— certificate. 


6929  Sec.  230.  Collections — report  to  state  treasurer. — The  county 
treasurer  shall  collect,  or  cause  to  be  collected,  the  fines  and  all  moneys 
for  school  purposes  in  his  county,  and  take  all  proper  measures  to  secure  to 
each  district  its  full  amount  of  school  funds,  and  all  county  treasurers  shall 
report  to  the  state  treasurer  and  state  auditor  semi-annually,  on  or  before 
the  third  Monday  of  April  and  the  first  Monday  of  November,  and  at  such 
other  times  as  the  auditor  may  require,  a  statement  showing  the  whole 
amount  of  moneys  collected  on  account  of  state,  county  and  district  school 
tax,  and  from  all  other  sources  respectively,  noting  the  interest  separately 
and  the  amount  received  on  account  of  licenses  and  fines,  and  from  all  other 
sources  from  which  school  funds  are  derived,  together  with  a  statement 
showing  the  amount  paid  out,  to  whom,  and  on  what  account,  and  at  the 
same  time  the  county  treasurer  shall  pay  over  to  the  state  treasurer  all  funds 
and  moneys  from  whatever  source  derived,  belonging  to  the  general  school 
fund  in  his  hands  and  make  a  settlement  thereof  with  the  state  treasurer. 

1.  The  minimum  amount  that  must  be  paid  for  running  a  saloon  in  the  state  of 
Nebraska  is  $500;  this  is  license  money  and  must  go  to  the  school  fund.     Where  more  than 
$500  is  paid  for  the  privilege  of  running  a  saloon,  $500  must  go  to  the  school  fund,  and  the 
remaining  amount  should  go  to  the  school  fund  or  to  the  village  or  city,  depending  upon  the 
purpose  of  the  ordinance. 

2.  Where  money  is  collected  or  paid  as  a  condition  of  obtaining  a  license,  it  is  license 
money,  and  not  a  tax,  under  the  provisions  of  section  5,  article  8,  of  the  constitution      (61 
Neb.,  490.) 

3.  If  the  purpose  of  the  city  authorities  in  adopting  an  ordinance  was  to  raise  revenue, 
then  the  money  exacted  is  a  tax;  but,  if  regulation  was  the  end. and  object  in  view,  the  money 
results  from  an  exercise  of  the  police  power  and  is  license  money.     (63  Neb.,  829.) 

4.  W  hether  money  raised  under  the  provisions  of  a  municipal  ordinance,  requiring  every 
person  engaged  in  a  certain  occupation  or  business  to  pay  a  fixed  sum  annually  into  the  city 
treasury,  is  license  money,  within  the  meaning  of  section  5,  article  8  of  the  constitution,  depends 
upon  the  substance  and  purpose  of  the  ordinance  rather  than  upon  its  form.       (63  Neb.,  829. 

5.  Ah  ordinance  having  no  element  of  regulation,  and  showing  on  its  face  that  the  sole 
object  of  the  city  authorities  in  adopting  it  was  to  raise  revenue,  is  a  tax  ordinance,  notwith- 
standing the  payment  of  the  money  and  obtaining  of  a  license  is  a  condition  precedent  to  engag- 
ing in  the  business.     (63  Neb.,  829.) 

Cited  5  Neb.,  102,  303.     14  Id.,  347. 

Occupation  tax.     17  Neb.,  219.     19  Id.,  191.     27  Id.,  64.     5  Neb.,  309.     9  Id.,  352. 
403.     40  Id.,  298. 


6930  Sec.  231.  Exhibit  by  state  treasurer — apportionment 
to  counties. — The  state  treasurer  shall,  semi-annually  on  or 
before  the  third  Monday  in  July  and  the  third  Monday  in  January, 
make  a  complete  exhibit  of  all  moneys  belonging  to  the  school 
fund  of  the  state,  as  returned  to  him  from  the  several  counties, 
together  with  the  amount  derived  from  other  sources,  and  de- 


98  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

liver  the  same  duly  certified  to  the  state  superintendent;  and 
within  twenty  days  thereafter  the  state  superintendent  shall 
make  the  apportionment  of  the  funds  in  such  counties  as  follows, 
to  wit:  One-fourth  of  the  whole  amount  shall  be  divided 
equally  among  the  districts  of  the  state  entitled  to  receive  the 
same  and  shall  be  distributed  to  the  counties  according  to  the 
number  of  such  districts  as  shown  by  the  report  last  returned 
from  the  county  superintendent;  and  the  remaining  three-fourths 
shall  be  apportioned  to  the  counties  according  to  the  pro  rat  a 
enumeration  of  pupils  in  each  county  last  returned  from  the 
county  superintendent.  The  state  superintendent  shall  certify 
the  amount  of  the  apportionment  of  both  the  one-fourth  and 
the  three-fourths  of  said  state  school  fund  to  the  superintendent 
of  the  proper  county  and  to  the  state  auditor,  who  shall  draw  a 
warrant  on  the  state  treasurer  in  favor  of  the  various  counties  for 
the  amount  so  specified  by  the  state  superintendent. 

6931  Sec.  232.      Apportionment     to     districts. — The     several 
county  superintendents   immediately   and   within   twenty     days 
after  receiving  such  apportionment,  shall  apportion  the  entire 
amount  as  follows,  to  wit:     The  share  'which  the  state  superin- 
tendent   has    certified    to    be    distributed   equally    to    the   several 
districts  in  the  county  shall  be  so  distributed.     To  the  balance  of 
the  amount  distributed  to  the  county  they  shall  add  all  moneys 
received  by  the  county  treasurer  on  account  of  fines  and  licenses 
and  this  sum  total  shall  be  distributed  to  the     several   districts 
of  the  county  pro  rata  according  to  the  average  daily  attendance 
last  returned  by  the  directors  of  the  various  districts.     The  total 
apportionment  of  each   district  shall  be  its  share  in  the  district 
apportionment    made   by   the  state  superintendent  for  each  dis- 
trict, together  with  its  pro  rata  share  of  the  balance  of  the  amount 
of  the  state  apportionment  added  to  the  amount  received  from 
fines  and  licenses,   and  no  district,   city  or  village,   which  shall 
have  failed  to  sustain  a  school  for  the  length  of  time  required 
by  law  shall  be  entitled  to  receive  any  portion  of  the  fund. 

The  enumeration  of  pupils,  on  which  this  apportionment  is  based,  must  be  made  within 
ten  days  preceding  the  last  Monday  in  June.  See  section  75,  article  4.  The  constitu- 
tion of  1875  (article  VIII.,  section  7)  provides  that  "no  apportionment  shall  be  made  from 
said  fund  to  any  district  for  the  year  in  which  school  is  not  maintained  at  least  three  months." 
Where  the  new  district  is  formed  in  whole  or  in  part  from  unorganized  territory  which  could 
•have  no  school  the  year  before,  such  a  district  must  have  at  least  three  months'  school  previous 
to  the  time  of  taking  the  annual  census  of  children  and  report  the  same  to  the  county  superin- 
tendent before  it  can  draw  state  funds.  Money  cannot  be  apportioned  to  counties  unless  the 
county  superintendent  makes  a  report. 

In  order  that  a  district  be  entitled  to  share  in  the  apportionments  made  in  December 
and  June  of  each  school  year,  the  following  conditions  are  necessary:  The  amount  of  school 
specified  in  section  46,  article  2,  must  have  been  taught  in  the  district  in  the  school  year 
which  ended  with  the  second  Monday  of  the  preceding  July;  the  census  must  have  been  made 
at  the  proper  time;  and  the  proper  reports  must  have  been  made  to  the  county  superinten- 
dent. See  sections  75  and  80,  article  4,  and  section  10,  chapter  32. 

6932  Sec.  233.     New  districts. — When  a  district  is  formed  from  other 
districts  where  during  the  preceding  school  year  school  has  been  kept  open 
the  term  required  by  law,  such  new  district  will  be  held  and  deemed  to  have 
had  school  the  lawful  time,  and  apportionment  shall  be  made  to  it  accord- 
ingly. 


THE  NEBRASKA  SCHOOL  LAWS  99 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

Money  in  the  county  treasury,  whether  derived  from  fines  or  licenses,  or  from  the  state, 
should  all  be  apportioned  in  the  same  manner,  viz.,  one-fourth  equally  among  the  districts, 
three-fourths  pro  rata. 

Money  derived  from  a  license  issued  by  the  authorities  of  an  incorporated  city  or  vil- 
lage authorized  to  grant  licenses  goes  into  the  school  fund  of  that  city  or  village;  all  other  fteeia** 
moneys  go  into  the  school  fund  of  the  county.  See  29  Neb.,  348. 

6933  Sec.  234.     Fractional    districts. — In    making    the    "one-fourth" 
apportionment  each  fractional  district  shall  receive  one-half  as  much  as  a 
full  district. 

6934  Sec.  235.     Certificate   of   apportionment. — The   county   superin- 
tendent shall  immediately  after  making  such  apportionment  enter  the  same 
in  a  book  kept  for  that  purpose,  and  shall  furnish  the  county  treasurer  with 
a  certified  copy  of  such  apportionment,  and  each  of  the  directors  in  the  re- 
spective districts  in  his  county  a  certificate,  showing  the  amount  due  such 
district,  which  amount  shall  be  subject  to  the  order  of  the  director  on  the 
county  treasurer  when  properly  countersigned  by  the  moderator. 

The  county  treasurer  is  not  authorized  to  pay  out  county  school  fund  until  it  has  been 
apportioned  by  the  county  superintendent.  11  Neb.,  238. 

6935  Sec.  236.     No  fees  for  receiving  and  disbursing. — County  treas- 
urers arc  not  allowed  to  charge  a  per  cent  for  receiving  and  disbursing  the  state 
school  appropriation. 

6936  Sec.  237.     Misuse    of   funds. — School    treasurers   arc   forbidden 
to  lend  or  use  any  part  of  the  school  moneys  which  may  be  in  their  hands, 
under  penalty  of  fine  and  imprisonment,  under  the  provisions  of  the  statute 
regarding  embezzlement. 

6937  Sec.  238.     Apportionment — when  drawn.- — Heforc  a  school  dis- 
trict treasurer  shall  be  allowed  to  draw  the  state  apportionment  from  the 
county  treasurer,    he  must  present  a  certificate  from  the  county  superin- 
tendent setting  forth  that  such  district  has  had  the  legal  number  of  months' 
school,  has  made  the  census  report  properly,  and  has  made  the  proper  financial 
report  required  by  law. 

6938  Sec.  239.     Forest    reserve    fund    distributed    to    schools. — The 
forest,  reserve  funds,  annually  paid  in  to  the  state  treasury  by  the  United 
Slates  government  under  an  act  of  congress  approved  June  30,  1906,  shall  be 
distributed  among  the  several  counties  of  the  state  entitled  to  the  same  for 
the  benefit  of  the  public  schools  and  the  public  roads  of  such  countries  under 
the  direction  of  the  state  superintendent  of  public  instruction,  in  the  following 
manner,  to  wit: 

First. — The  state  treasurer  shall,  annually  on  or  before  the  first  Monday 
in  May,  certify  to  the  state  superintendent  of  public  instruction  the  amount 
of  money  received  from  the  national  government  as  Nebraska's  proportionate 
share  of  the  income  from  the  forest  reserves  within  the  state  for  the  fiscal  year 
last  past. 

Second. — The  commissioner  of  public  lands  and  buildings  shall,  annually 
on  or  before  the  first  Monday  in  May,  make  and  deliver  to  the  state  super- 
intendent of  public  instruction  a  certificate  showing  the  counties  entitled 
to  share  in  the  forest  reserve  fund,  together  with  the  number  of  acres  of 
forest  reserves  in  each  county. 

Third. — The  state  superintendent  of  public  instruction  shall,  on  or  before 


100 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  d  BARTLETT  CO.,  OMAHA. 


the  last  Monday  in  May,  make  apportionment  of  said  funds  to  such  counties 
according  to  the  number  of  acres  of  forest  reserve  in  each  county,  and  certify 
the  apportionment  of  each  county  to  the  county  superintendent  of  the  proper 
county  and  to  the  state  auditor,  who  shall  draw  a  warrant  on  the  state 
treasurer  in  favor  of  the  various  counties  for  the  amount  so  specified  by  the 
state  superintendent  of  public  instruction. 

6939  Sec.  240.     Same — apportionment. — The  several  county  superin- 
tendents shall,  within  twenty  days  after  receiving  such  apportionment,  appor- 
tion the  amount  as  follows:  One-fifth  of  the  whole  amount  to  the  public  road 
fund  of  the  county,  one-fifth  equally  to  the   several  school   districts   in  the 
county,  and  the  remaining  three-fifths  to  the  several  school  districts  in  the 
county  pro  rata  according  to  the  enumeration  of  scholars  last  returned  by  the 
directors  of  the  various  districts;  and  no  district,  city  or  village,  which  shall 
have  failed  to  sustain  a  school  for  the  length  of  time  required  by  law,  shall  be 
entitled  to  receive  any  portion  of  the  forest  reserve  fund. 

6940  Sec.  241.     Same — certificate. — The  county  superintendent  shall, 
immediately  after  making  such  apportionment,  enter  the  same  in  a  book  kept 
for  that  purpose,  and  shall  furnish  the  county  treasurer  with  a  certified  copy 
of  such  apportionment,  and  each  of  the  directors  in  the  respective  districts 
in  his  county  a  certificate,  showing  the  amount  due  such  district,  which 
amount  shall  be  subject  to  the  order  of  the  director  oh  the  county  treasurer 
when  properly  countersigned  by  the  moderator. 


ARTICLE  XXI 


MISCELLANEOUS    PROVISIONS. 


SECTION 

6941.  Modern  European  Language  to  be 

taught. 

6942.  Attendance  at  nearer  school  district. 

6943.  Pupils — transportation. 


SECTION 

6944.  Instruction  in  neighboring  district. 

6945.  Secret  fraternities. 

6946.  Expulsion  from  school. 

6947.  Rushing — violation. 


6941  Sec.  242.     Modern    European    language     to     be     taught. — In 
every  high    school,   city  school  or    metropolitan   school  in    this    state    the 
prope'1  authorities  of  such  school  districts  shall  upon  the  written  request 
when  made   at  least  three  months  before  the  opening  of  the  fall  term  of 
such  school  by  the   parents   or   guardians   of  fifty   pupils  above   the  fourth 
grade    then    attending   such    school,    employ   competent  teachers  and   pro- 
vide for  the  teaching  therein  above  the  fourth  grade,  as  an  elective  course 
of    study,  of   such    modern    European  language  as   may    be    designated  in 
such  request.     Provided,     not    more   than    five    hours   each    week  and  not 
less  than  one  period  each  day  shall  be  devoted  to  the  teaching  of  any  such 
modern  European  language  in  any  elementary  or  grade  school. 

6942  Sec.  243.      Attendance  at  nearer  school  district. — When 
children  of  school  age  reside  with  their  parents  or  guardians  more 
than  one  and  one-half  miles  from  the  school  house  in  their  own 


THE  NEBRASKA  gCttOt)L  LAWS  101 


COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 


district,  and  nearer  to  the  school  house  in  any  adjoining  district, 
the  distances  to  be  measured  by  the  shortest  route  possible  upon 
section  lines  or  traveled  roads  open  to  the  public,  such  children, 
may  have  school  privileges  in  the  adjoining  district  instead  of  in 
the  district  of  their  residence,  under  the  following  conditions, 
to  wit:  The  parent  or  guardian  of  such  children  shall,  at  or  be- 
fore each  annual  meeting,  notify  the  county  superintendent  of 
each  district  affected,  using  such  form  of  notice  as  the  state 
superintendent  shall  prescribe,  which  notice  shall  state  the 
distances,  as  herein  provided,  and  shall  be  attested  by  the  signa- 
ture of  a  legal  voter  and  tax  payer  of  the  district  in  which  the 
children  or  wards  reside,  and  the  signature  of  a  majority  of  the 
members  of  the  school  board  of  the  district  in  which  such 
children  or  wards  desire  school  privileges,  in  addition  to  the 
signature  of  such  parent  or  guardian;  and  the  county  superin- 
tendent shall  notify  the  director  of  each  district  to  transfer  such 
person,  together  with  such  children  or  wards,  to  such  adjoining 
district  for  school  purposes  for  the  year  next  ensuing  and  it  shall 
be  the  duty  of  the  county  superintendent  to  see  that  the  children 
or  wards  arc  enumerated  in  the  adjoining  district  and  not  in  the 
district  of  their  residence.  The  county  superintendent  shall 
notify  the  county  clerk  of  the  transfer,  and  the  county  clerk  shall 
be  empowered  and  it  is  hereby  made  his  duty,  to  place  the  school 
taxes,  except  for  the  payment  of  .existing  bonds  or  interest  on  the 
same,  of  the  parents  or  guardians  and  of  the  real  estate  on  which 
they  reside,  not  exceeding  a  quarter  section  of  land,  for  the  year 
next  ensuing,  in  the  adjoining  district  instead  of  in  the  district 
of  their  residence,  basing  such  school  taxation  upon  the  levy  for 
school  purposes  in  the  adjoining  district,  and  the  assessed  valua- 
tion of  the  property  of  such  parents  or  guardians  and  the  real 
estate  as  determined  by  the  proper  officers,  and  the  taxes  shall  be 
collected  as  provided  by  law  for  the  other  taxes:  Provided,  when 
such  transfer  shall  have  been  made,  the  children  continue  to 
have  school  privileges  in  the  adjoining  district  until  their  parents 
or  guardians  shall,  in  writing,  notify  the  county  superintendent 
of  their  desire  to  be  again  transferred  to  the  district  of  their  resi- 
dence or  shall  remove  from  said  real  estate;  in  either  event,  the 
county  superintendent  shall  notify  the  county  clerk  of  such 
re-transfer,  and  the  taxes  of  the  parent  or  guardian  and  the  real 
estate  shall  again  be  placed  in  the  district  of  their  residence: 
Provided,  further,  the  parents  or  guardians  of  the  pupils  so  trans- 
ferred shall  have  the  right  to  vote  in  the  district  to  which  such 
pupils  are  transferred  on  all  school  matters  except  that  of  issuing 
bonds. — Emergency. 

A  person  transferred  under  thia  section  is  eligible  to  school  office  in  the  district  to  which 
he  is  transferred. 

The  transfer  of  pupils  provided  for  in  section  243,  article  21,  of  the  School  Laws,  is  made 
entirely  independent  of  any  action  of  the  annual  district  meeting  of  either  district  affected. 
In  other  words,  the  annual  district  meeting  has  no  power  to  authorize  or  prevent  such  transfer. 

The  application  for  transfer  must  be  made  not  later  than  the  annual  meeting.     The 
county  superintendent  may  notify  the  directors  a  little  later,  but  the  county  superintendent 


102  TIlV/  N  KliRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

should  be  notified  by  the  applicant  not  later  than  the  annual  meeting  in  order  that  the  transfer 
may  be  legally  made. 

Children  transferred  to  an  adjoining  district  under  section  243,  article  21,  are  in- 
cluded in  the  census  of  said  adjoining  district  and  their  share  of  the  apportionment  is  paid  to 
such  district.  There  is  no  statutory  provision  authorizing  the  payment  of  a  pupil's  share  of 
the  state  apportionment  to  the  credit  of  any  district  other  than  that  in  which  said  pupil  is 
enumerated. 

Pupils  transferred  from  one  district  to  another  under  section  243,  article  21,  should 
attend  the  nearest  school  of  the  adjoining  district. 

The  property  of  a  person  transferred  under  the  provisions  of  this  section  would  be  taxed 
for  free  high  school  tuition  of  other  pupils  living  in  the  district  to  which  he  is  transferred,  or 
if  there  is  a  high  school  in  the  district  to  which  he  is  transferred,  his  property  would  be  taxed 
for  the  maintenance  of  such  high  school. 

When  a  transfer  has  been  made  under  section  243,  article  21,  it  becomes  a  matter 
of  record.  The  reports  from  the  two  districts  are  made  up  on  the  basis  of  the  change,  the  school 
apportionment  is  made  out  on  that  basis,  the  taxes  of  the  party  have  been  transferred  and 
f  here  seems  to  be  no  way  by  which  he  may  be  re-transferred  until  the  next  annual  meeting. 

In  case  a  renter,  who  has  his  children  and  taxes  transferred  to  an  adjoining  district 
under  section  243,  article  21,  removes  from  the  district,  and  another  renter  occupies  the  resi- 
dence vacated  by  the  former,  the  second  renter  would  have  free  school  privileges  only  in  the 
district  of  his  residence. 

If  a  transfer  was  made  before  a  change  of  site  was  ordered  by  the  annual  meeting,  when 
the  reasons  for  granting  such  transfer  were  modified  by  such  change  of  site,  such  a  transfer  would 
become  null  and  void. 

The  law  makes  no  provision  for  the  director  of  an  adjoining  district  to  reject  pupils 
who  are  transferred  under  the  provisions  of  section  4a,  subdivision  5. 

The  distances  spoken  of  in  section  243,  article  21,  are  to  be  measured  by  the  shortest 
route  possible  upon  section  lines  or  roads  open  to  the  public.  Section  lines  are  not  recognized  as 
roads  within  the  meaning  of  section  243,  article  21,  until  they  have  been  declared  open  by  the 
county  board.  If  the  section  line  is  not  open  to  the  public,  it  is  not  to  be  taken  into  account 
in  measuring  the  distance. 

Whenever  the  public  generally  is  permitted  to  travel  over  a  certain  road  without  objec" 
tion  or  hindrance  by  the  owner  of  the  land,  and  the  road  is  used  to  some  extent  in  that  way> 
such  a  road  is  a  "traveled  road  open  to  the  public"  within  the  meaning  of  section  243,  article  21. 

1  Where  a  tract  of  land  upon  which  there  is  a  railroad  bed  is  transferred  under  the  pro- 
visions of  section  243,  article  21,  School  Laws,  the  taxes  accruing  from  such  railroad  bed  do  not 
transfer. 

A  renter  is  entitled  to  the  privileges  mentioned  in  section  243,  article  21.  The  county 
clerk  is  empowered  and  it  is  made  his  duty,  to  place  the  school  taxes  (except  for  the  payment 
of  existing  bonds  or  interest  on  the  same)  of  the  said  parents  or  guardians  and  of  the  real  estate 
on  which  they  reside,  not  exceeeding  a  quarter  section  of  land,  for  the  year  next  ensuing  in  the 
said  adjoining  district  instead  of  the  district  of  their  residence.  Note  that  it  is  all  the  taxes 
of  said  parents  or  guardians  including  the  taxes  of  the  real  estate  on  which  said  parents  or 
guardians  reside,  notwithstanding  the  fact  that  they  may  be  living  on  land  which  does  not 
belong  to  them. 

The  county  superiniendent  would  have  authority  to  revoke  a  transfer  to  a  nearer  school 
under  section  243,  article  21,  if  upon  investigation  he  finds  the  conditions  do  not  comply  with  the 
jaw.  If  it  is  granted  upon  misrepresentation,  it  is  his  duty  to  revoke  the  transfer. 

In  case  a  party  who  desires  to  be  transferred  under  section  243,  article  21,  cannot 
secure  signatures  to  his  petition,  there  seems  to  be  no  way  in  which  the  transfer  can  be  made. 

Parents  or  guardians  of  the  pupils  so  transferred  shall  have  the  right  to  vote  in  the  dis- 
trict to  which  such  pupils  are  transferred  on  all  school  matters  except  that  of  issuing  bonds. 
They  would  have  the  right  to  vote  on  the  issuance  of  bonds  in  the  original  district. 

Does  not  apply  to  citizens  of  another  state  seeking  trausier  to  Nebrasica  for  public  school 
purpose. 

6943  Sec.  244.     Pupils    transportation. — A    board    of    education     of 
a  city,  or  a  board  of  trustees  of    a  high  school    district,  by  a    two-thirds 
vote  of  the  entire  board,  or  a  district  board  of  any  school  district  in  this  state 
when  authorized  by  a  two-thirds  vote  of  those  present  at  any  annual  or  special 
meeting,  is  hereby  empowered  to  make  provision  for  the  transportation  of 
pupils  residing  within  the  district  to  any  other  school  to  which  said    pupils 
may  lawfully  attend,  whenever  the  distance  from  such  school  shall   render  it 
impracticable  for  said  pupils  to  attend  without  transportation. 

6944  Sec.  245.     Instruction  in  neighboring  district. — That  a  board    of 
trustees  of  a  high-school  district,  or  a  district  board  of  a  school  district  in  this 
state,  whefi  authorized  by  a  two-thirds  vote  of  those  present  at  any  annual 
or  special  meeting,  is  hereby  empowered  to  contract  with  the  district  board 
of  any   neighboring  district   for  the   instruction   of    pupils   residing  in   the 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,   OMAHA. 


103 


first  named  district  in  schools  maintained  by  the  neighboring  district,  and  to 
make  provision  for  the  transportation  of  such  pupils  to  the  above  named 
school  of  the  neighboring  district  under  the  conditions  named  in  the  preceding 
section;  Provided,  school  districts  thus  providing  instruction  for  their 
children  in  neighboring  districts  shall  be  considered  as  maintaining  a  sciiuoT~ 
as  required  by  law;  Provided,  further,  the  teacher  of  the  last  named 
school  shall  keep  a  separate  record  of  attendance  of  all  pupils  from  the  first 
named  district  and  make  a  separate  report  to  the  .director  of  said  district. 

6945  Sec.  246.     Secret  fraternities. — It  shall  be  unlawful  for  the  pupils 
of  any  public  high  schools  or  other  elementary  schools  of  this  state  to   par- 
ticipate in  or  be  members  of  any  secret  fraternity  or  secret    organization 
whatsoever  that  is  in  any  degree  a  school  organization. 

6946  Sec.  247.     Expulsion  from  school. — All  boards  of   education  and 
hoards  of  trustees  of  high  school  districts  or  of  county  high  schools  an;  hereby 
authorized  and  empowered  to  deny  to  any  student  regularly  enrolled  in  such 
high  school  or  elementary  school,  who  shall  violate  the  next,  preceding  seel  ion, 
any  or  all  of  the  privileges  of  such  high  school  or  elementary   school,  or  to 
expel  any  such  student  for  failure  or  refusal  to  comply  with  the  next  preced- 
ing section  or  the  next  following  section. 

6947  Sec.  248.     Rushing — violation. — It  is  hereby  made  a  misdemeanor 
for  any  person,  whether  a  pupil  of  any  such  school  or  not,  to  be   upon  the 
school  grounds  or  to  enter  any  school  building  for  the  purpose  of  "rushing" 
or  soliciting,  while  there,  any  pupil  or  pulpils  of  such  schools  to  join  any  frn- 
ternity,  society  or  association  organized  outside  of  the  schools.     All  county 
courts  and  justices'  courts  in  the  state  shall  have  jurisdiction   of  all  offenses 
committed  under  this  section,  and  all  persons  found  guilty  of  such   offenses 
shall  be  fined  not  less  than  two  dollars  nor  more  than  ten  dollars. 


ARTICLE  XXII. 

SCHOOLS  IN  CITIES  OF  OVER  FIFTEEN  HUNDRED  INHABITANTS. 


SECTION 

SECTION 

6948.     District  —  body  corporate. 

6962.     Vacancies. 

6949.     General  control  —  free  schools. 

6963.     Quorum. 

6950.     Board  of  education. 

6964.     Accounts  —  money,  when  appropriated 

6951.     Elections. 

6965.     Census. 

6952.     Oaths—  vacancy. 

6966.     City  certificate  required  of  teaoher. 

6953.     Meetings. 

6967.     Board  not  interested  in  contracts. 

6954.     General  powers  —  compensation. 

6968.     Disposal  of  property 

6955.     Officers  —  superintendent. 

6969.     Payment  of  debts  —  funding  bonds. 

6956.     President. 

6970.     Estimate  of  expenses  —  taxes. 

6957.     Vice-President. 

6971.     Limit  of  taxation  —  bonds. 

6958.     Secretary. 

6972.     Interest  and  sinking  fund. 

6959.     Same  —  bond. 

6973.     Purchase  of  bonds  before  maturity. 

6960.     Treasurer  —  bond. 

6974.     Control  of  funds. 

6961.     Property  of  districts  merged. 

6975.     Taxes  paid  in  money. 

6948     Sec.  249.    District  —  body  corporate.  —  That  the  territory  embraced 

within  the  corporate  limits  of  each  incorporated  city  or  village  in  the  slate  of 

104  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

tional  territory  and  additions  to  such  city  or  village  as  may  be  added  thereto), 
as  declared  by  ordinances  to  be  the  boundaries  of  such  city  or  village,  having 
a  population  of  more  than  fifteen  hundred  (1,500)  inhabitants,  including  such 
adjacent  territory  as  now  is,  or  hereafter  may  be  attached  for  school  purposes, 
shall  constitute  one  school  district,  and  be  known  by  the  name  of  "the  school 
district  of  (name  of  city  or  village),  in  the  county  of  (name  of  county),  in  the 
state  of  Nebraska,"  and  as  such,  in  that  name,  shall  be  a  body  corporate  and 
possess  all  the  usual  powers  of  a  corporation  for  public  purposes,  and  in  that 
name  and  style  may  sue  and  be  sued,  purchase,  hold,  and  sell  such  personal 
and  real  estate,  and  control  such  obligations  as  are  authorized  by  law,  and 
the  title  to  all  school  buildings  or  other  property,  real  or  personal,  owned  by 
any  school  district  within  the  corporate  limits  of  any  city  or  village,  shall 
upon  the  organization  of  the  district  under  the  provisions  of  this  article 
vest  immediately  in  the  new  district;  and  the  board  of  education,  by  this 
article  provided,  shall  have  exclusive  control  of  the  same  for  all  pur- 
poses herein  contemplated;  Provided,  any  territory  not  included  in  the 
corporate  limits  of  any  city  or  village  and  containing  territory  or  a  number  of 
children  sufficient  to  constitute  a  school  district  under  the  provisions  of  this 
chapter,  may,  by  petitions  signed  by  at  least  a  majority  of  the  legal  voters 
of  such  territory,  and  a  majority  of  the  board  of  education  of  such  city  or 
village,  be,  by  the  county  superintendent,  erected  into  a  separate  district 
under  the  conditions  imposed  by  this  chapter.  [Amended  1909.] 
Consolidation  of  district:  payment  of  debts..  15  Neb.,  4.  Cited  10  Id.  12. 

6949  Sec.  250.     General  control — free  schools. — All  schools  organized 
within  the  limits  of  said  cities  shall  be  under  the  direction  and  control  of  the 
boards  of  education  authorized  by  this  article.  Such  schools  shall  be  free  to  all 
children  between  the  ages  of  five  and  twenty-one  years,  whose  parents  or 
guardians  live  within  the  limits  of  the  district,  and  all  children  of  school  age 
non-residents  of  the  district  who  are  or  may  be  by  law  allowed  to  attend  said 
school  without  charge. 

6950  Sec.  251.      Board   of   education. — The   boards   of   educa- 
tion contemplated  by  this  article  shall  consist  of  six  members 
who    shall    be    elected    upon    a    general    ticket    from    among    the 
legal  voters  -who  arc  tax  payers  at  the  time  for  holding  the  general 
city  election  in  each  year.     At  the  first  election  in  cities  organized 
under  this  article  two  members  shall  be  elected  for  a  term  of 
three  years,  two  for  two  years  and  two  for  one  year,  and  annually 
thereafter  two  members  shall  be  elected  for  three  years  and  until 
their  successors  are  elected  and  qualified  and  installed  in  office: 
Provided,  in  cities  of  the  first  class  having  a  population  of  less  than 
forty   thousand   and   more   than   five   thousand   inhabitants   the 
board   of   education   shall   at   the   option    of   the   school    district 
consist  of  nine  members  who  shall  be  qualified  electors  of  such 
city,  and  shall  be  actual  tax  payers,  who  shall  be  elected  at  the 
times  and  hold  their  offices  for  the  terms  hereinafter  prescribed, 
to   wit:      At  the  first  annual  city  election  held  after  organizing 
under  this  article,  three  members  shall  be  elected  for  the  term  of 
three  years,  three  for  two  years  and  three  for  one    year;  and   an- 


THE  NEBRASKA  SCHOOL  LAWS  105 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

nually  thereafter  their  successors  shall  be  chosen  for  the  term  of 
three  years,  and  all  members  so  elected  shall  serve  until  their 
successors  are  duly  elected  and  qualified:  Provided  further,  in 
cities  of  the  first  class  having  a  population  of  more  than  forty 
thousand  and  less  than  a  hundred  thousand  the  board  of  educa- 
tion shall  consist  of  six  members  who  shall  be  elected  in  manner 
following:  At  the  general  city  election  to  be  held  in  the  year  1905, 
and  every  six  years  thereafter,  there  shall  be  elected  two  members 
of  the  board  of  education  for  a  term  of  six  years.  At  the  general 
city  election  to  be  held  in  the  year  1907,  and  every  six  years  there- 
after, there  shall  be  elected  two  members  of  the  board  of  educa- 
tion for  a  term  of  six  years.  At  the  general  city  election  to  be  held 
in  the  year  1909,  and  every  six  years  thereafter,  there  shall  be 
elected  two  members  of  the  board  of  education  for  a  term  of  six 
years:  Provided,  incumbents  in  office,  whose  terms  expire  sub- 
sequent to  the  general  election  of  said  city  for  the  year  1905,  shall 
be  privileged  to  continue  in  office  until  their  successors  are  elected 
and  qualified  as  herein  provided;  those  whose  terms  shall  first 
expire  shall  be  superseded  by  those  first  elected  under  the  pro- 
visions of  this  article.  The  members  of  the  board  of  education 
shall  enter  upon  the  duties  of  their  office  on  the  first  Tuesday 
succeeding  their  election.  In  event  of  a  vacancy  among  the 
members  of  the  board  of  education,  such  vacancy  shall  be  filled 
by  nomination  by  the  mayor  and  confirmation  by  the  city  council, 
and  such  appointment  shall  continue  for  the  unexpired  term. 
Provided  further,  that  nominations  of  candidates  for  members 
of  the  board  of  education  shall  be  chosen  at  the  primaries  at  the 
same  time  and  in  the  same  manner  as  candidates  are  chosen  for 
members  of  the  city  commission  and  no  filing  fee  shall  be  required 
of  such  candidates. — Emergency. 

6951  Sec.  252.     Elections. — That  the  ballots  for  the  election  of  mem- 
bers of  the  board  of  education,  for  authorizing  the  issuance  of  bonds,  or  the 
purchase  of  sites  and  erection  of  buildings,  shall  in  all  cases  be  deposited  in 
boxes  especially  prepared  for  that  purpose,  and  be  received,  and  returns  made 
by  the  regular  election   board;    the   returns   for   the   election   of   members 
shall  be  convassed  in  the  same  manner  as  provided  for  in  the  case  of  city 
officers;  the  returns  for  the  issuance  of  bonds,  purchase  of  sites,  and  erection 
of  buildings  shall  be  made  to  and  canvassed  by  the  board  of  education 

6952  Sec.  253.     Oaths — vacancy. — All    persons    elected    as    members 
of  boards  of  education  shall,  on  or    before  the    first  Monday  of  the  month 
following  their  election,  take  and  subscribe  the  usual  oath  of  office.     In  case 
any  person  elected  shall  fail  so  to  do,  his  election  shall  be  void,  and  the- vacancy 
thereby  occasioned  shall  be  filled  by  the  board  as  hereinafter  provided. 

6953  Sec.  254.     Meetings. — The  regular  meetings   of  the  boards   of 
education  shall  be  held  upon  the  first  Monday  of  each  month;  but   special 
meetings  may  be  held  from  time  to  time,  as  circumstances  may  demand,  and 
all  meetings  of  the  board  shall  be  open  to  the  public,  unless  otherwise  speci- 
ally ordered. 


106  THE  NM  UK  ASK  A  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

6954  Sec.  255.     General  powers — compensation. — The  boards  of  edu- 
i-u.l  ion  shall  have  power  to  select  their  own  officers  and  make  their  own  rules 
and  regulations  subject  to  the  provisions  of  this  subdivision  and  of  this  act; 
but  no  member  of  the  board,  except  the  secretary,  shall  accept  or  receive  any 
compensation  for  services  performed  in  discharging  the  duties  of  his  office. 

6955  Sec.  256.     Officers — superintendent. — The    term     of     members 
elected  shall  begin  with  the  first  Monday  in  May  succeeding  their  election  each 
year,  and  the  members  of  the  board  shall  thereupon  elect  a  president  and  vice- 
president  from  their  own  number,  and  a  secretary  either  from  their  own  num- 
ber or  outside,  in  the  discretion  of  the  board,  and  they  shall  determine  the 
salary  of  such  secretary,  not  to   exceed,  however,    $720.00  per  annum,  pro- 
vided that  the  limitation  of  salary  shall  not  apply  to  school  districts  compris- 
ing territory  within  the  corporate  limits  of  cities  of  the  first  class  having  a 
population  of  more  than  40,000  and  less  than  100,000.    Each  of  the  officers 
shall  serve  for  the  term  of  one  year  or  until  their  successors  are  elected  and 
qualified.    They  may  also  elect  at  any  regular  meeting  one  superintendent  of 
public  instruction  with  such  salary  as  the  board  may  deem  best,  and  they 
may  enter  into  contract  with  him  at  their  discretion,  for  a  term  not    to 
exceed  three  years.    The  election  of  the  officers  of  the  board,  of  the  superin- 
tendent and  teachers,  and  all  elections  for  filling  vacancies  on  the  board  shall 
be  by  ballot,  and  no  person  shall  be  declared  elected  except  he  receive  the 
vote  of  a  majority  of  all  the  members  of  the  board. 

6956  Sec.  257.     President. — It    shall   be   the   duty   of   the    president 
to  preside  at  all  meetings  of  the   board,  to  appoint    all    committees    whose 
appointment  is  not  otherwise  provided  for,  and  to  sign  all  warrants  ordered 
by  the  board  of  education  to  be  drawn  upon  the  city  treasurer  for  school 
moneys. 

6957  Sec.  258.     Vice-president. — It   shall   be   the   duty   of   the    vice- 
president  to  perform  all  the  duties  of  the  president  in  case  of  his  absence  or 
disability. 

6958  Sec.  259.     Secretary. — It    shall    be   the    duty    of   the   secretary 
to  be  present  at  all  meetings  of  the  board,  to  keep  an  accurate  journal  of  its 
proceedings,  to  take  charge  of  its  books  and  documents,  to  countersign  all 
warrants  for  school  moneys  drawn  upon  the  city  treasurer  by  order  of  the 
board,  to  apply  for  and  receive  school  funds  from  the  county  treasurer,  or 
other  person  to  whom  such  funds  are  payable  by  law,  and  deposit  the  same 
with  the  treasurer  of  the  board,  and  to  perform  all  such  other  clerical  duties 
as  the  board  may  require;  and  for  his  services  he  shall  receive  such  salary  as 
the  board  may  deem  adequate. 

6959  Sec.  260.     Same — bond. — Before    entering    upon    the    discharge 
of  his  duties  the  secretary  of  the  board  shall  give  bonds    in    the    sum  of 
not  less  'than  one  thousand  dollars,  to  be  determined  by  the  board,    with 
good  and  sufficient  sureties,  and  shall  take  and  subscribe  an  oath  or  affirmation 
before  a  proper  officer,  that  he  will  support   the  constitution  of   the   state   of 
Nebraska,  and  faithfully  perform  the  duties  of  his  office. 

6980  Sec.  261.  Treasurer — bond. — The  city  treasurer  of  such  city 
shall  be  ex  officio  treasurer  of  the  school  district.  He  shall  attend  all  meet- 
ings of  the  board  when  required  so  to  do,  and  he  shall  prepare  and  submit  in 


THE  NEBRASKA  SCHOOL  LAWS  107 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

writing  a  monthly  report  of  the  state  of  its  finances,  and  he  shall  pay  school 
moneys  only  upon  warrants  signed  by  the  president  of  the  board  or,  in  his 
absence,  by  the  vice  president,  and  countersigned  by  the  secretary.  He  shall 
give  a  bond  payable  to  the  county  in  such  sum  as  may  be  fixed  by  the  board 
of  education,  which  bond  shall  be  signed  by  one  or  more  surety  companies 
of  recognized  responsibility,  and  the  cost  of  such  bond  shall  be  pakl  hjL_tke 
school  district. 

6961  Sec.  262.     Property  of  districts  merged. — Within  ten  days   after 
the  permanent  organization  of  a  board  of  education  as  provided  for  in  this 
subdivision,  it  shall  be  the  duty  of  all  officers  of  school  districts  within  the 
limits  of  cities  aforesaid  to  deliver  to  the  officers  of  the  board  all  property, 
funds,  and  papers  entrusted  to  their  care,   for  the  use  of  the  public  schools  of 
such  cities,   and   all  funds   thus   received  shall   be  immediately  paid  to  the 
treasurer  of  the  board,  and  be  by  him  placed  to  the  credit  of  the  school  district 
provided  by  this  article. 

6962  Sec.  263.     Vacancies. — The  boards  of  education  shall  have  power 
to  fill  any  vacancies  which  may  occur  in  their  body  from   among   the  legal 
voters  who  are  tax  payers;    Provided,  any  vacancy  occurring    more  than 
ten  days  previous  to  the  annual  city  elections,  and  leaving    an  unexpired 
term  of  more  than  one  year,  shall  be  filled  at  the  first  city  election  thereafter, 
and  the  ballots  and  returns  shall  be  designated  as  follows:     "To  fill  unexpired 
term." 

6963  Sec.  264.      Quorum. — -A    majority     of     all     the     members     of 
each  board  of  education  shall  constitute  a  quorum,  but  a  less  number  in  attend 
ance  at  any  regular  meeting  shall  have,  and  a  quorum  at  any  special  meeting 
may  have,  power  to  conpel  the  attendance  of  absent  members,  in  such  a 
manner,  and  under  such  penalties  as  such  board  shall  see  fit  to  prescribe;  and 
the  absence  of  any  member  from  four  consecutive  regular  meetings  of  the 
board,  unless  on  account  of  sickness  or  consent  of  the  board,  removal  from 
the  district,  or  resignation  accepted  by  the  board  shall  vacate  his  position 
on  the  board,  and  such  vacancy  shall  be  filled  in  accordance  with  the  provi- 
sions of  this  article. 

6964  Sec.  265.     Accounts — money,  when  appropriated. — All  accounts 
shall  be  audited  by  thesecretary,  approved  by  a  committee,  to  be  styled  the  com- 
mittee on  claims,  and  no  expenditure  greater  than  two  hundred  dollars  shall  be 
voted  by  the  board,  except  in  accordance  with  the  provisions  of  a  written  con- 
tract; nor  shall  any  money  be  appropriated  out  of  the  school  fund,  except  on  a 
recorded  affirmative  vote  of  a  majority  of  all  the  members  of  the  board,  and 
said  accounts  and  the  records  of  the  board  in  cities  of  the  first  class  shall  at 
all  times  be  subject  to  the  inspection  and  examination  of  the  auditor  of  such 
city,  whose  duty  it  shall  be  each  month  to  examine  the  records  and  check 
the   accounts   and  from  time  to  time,  as  may  be  required  by  ordinance  or 
resolution  of  the  city  council,  report  to  the  council  the  nature  and  state  of 
the  accounts,   and  any  facts  that  may  be  required  concerning  the  records. 

6965  Sec.  266.     Census. — The     boards     of  education  shall    annually 
cause  to  be  taken  an  enumeration  of  all  persons  between  the  ages  of  five  and 
twenty-one  years,  residing  in  the  district,  who  shall  report  1  lie  same,   to^et  hn 
with  such  other  information  as  required  by  article  4  of  l.his  chapter,    to  the 


108  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

county  superintendent  of  public  instruction,  at  the  time  specified  by  law  for 
like  returns  from  other  districts. 

In  order  that  the  county  superintendent  may  legally  apportion  to  a  city  school  district 
its  full  share  of  the  state  apportionment  of  public  school  moneys,  the  secretary  of  the  board  of 
education  of  the  city  school  district  must  file  with  the  county  superintendent,  under  path,  a 
statement  showing  that  each  and  every  teacher  in  such  school  district  is  legally  qualified  to 
teacb  therein.  This  statement  must  show  the  grade  of  the  certificate  held  by  each  and  every 
teacher,  waen,  where,  and  by  what  authority  issued,  and  on  what  qualifications.  This  report 
should  be  made  to  the  county  superintendent  at  the  time  the  city  school  district  files  its  report 
of  the  school  census. 

6966  Sec.  267.     City  certificate  required  of  teacher. — No  person  shal 
be  elected  to  a  position  in  any  city  school  as  teacher,  principal,  supervisor,  or 
superintendent  who  does  not  hold  the  legal  city  certificate  entitling  him  to 
teach  the  grades  or  subjects  to  which  elected. 

See  Section  149,  article  12  for  law  governing  issuance  of  city  certificate. 

6967  Sec.  268.     Board  not  interested  in  contract. — It  shall  be  unlawful 
for  any  member  of  the  board  of  education  to  have  any  pecuniary  interest, 
either  directly  or  indirectly,  in  any  contract  for  the  erection  of  schoolhouses, 
or  for  warming,  ventilating,  furnishing,  or  repairing  the  same,  or  to  be  in  any 
manner  connected  with  the  furnishing  of  supplies  for  the  maintenance  of  the 
schools. 

6968  Sec.  269.     Disposal  of   property. — No   school    property    of    any 
kind  belonging  to  any  school  district  shall  be  sold  by  the  board  of  education, 
except  (upon  an  order  passed)  at  a  regular  meeting  of  the  same,  and  not  then 
without  an  affirmative  recorded  vote  of  at  least  two-thirds  of  all  the  members 
of  the  board. 

6969  Sec.  270.     Payment    of    debts — funding    bonds. —  Each    of    the 
school  districts  provided  for  in  the  first  section  of  this  article  shall  have  the 
power,  and  it  shall  be  the  duty  of  the  board  of  education  to  provide  for  the 
payment  of  debts  created  by  school  districts  or  other  school  organizations 
superseded  by  the  districts  herein  provided  for,  when  such  debts  shall  have  been 
incurred  in  the  erection  of  schoolhouses,  or  for  other  school  purposes;  if  any 
portion  of  such  debts  shall  be  in  the  form  of  bonds,  if  issued  for  a  valuable 
consideration,  and  in  accordance  with  law,  the  validity  of  which  has  not  been 
called  in  question,  or  if  called  in  question  have  been  declared  by  courts  of 
last  resort  to  be  valid,  the  holder  or  holders  thereof,  on  surrendering  the  same 
to  the  board,  shall  have  the  right  to  demand,  and  it  shall  be  the  duty  of  the 
board,  in  the  name  of  the  district  created    by   this    article   to    cause    to   be 
issued  other  bonds  of  like  amount,  of  the  same  tenor  and  effect  as  to  payment 
of  principal  and  interest  as  the  bonds  surrendered.    This  provision  shall  also 
apply  to  cases  where  only  a  part  of  a  district  shall  be  embraced  within  the 
district  created  by  this  article,  whenever  said  fractional  part  shall    petition 
and  become  a  part  of  said  district,  as  provided  for  in  the  first  section    of 
this  article;     Provided,  the  latter  shall  assume  and  pay  only   such  propor- 
tion of  the  debt  of  the  divided  district  as  the  assessed  valuation    of  the 
part  taken  therefrom  shall  bear  to    the  assessed  valuation  of    the    part 
remaining.        In  case  of  a  division  of    one  or    more -school    districts    for 
the  purpose  of  forming  one  school  district  within  the  limits  of  a  city  of  the 
first  class,  it  shall  be  the  duty  of  the  county  superintendent  of  public  instruc- 
tion, the  president  of  the  board  of  education,  and  the  director  of  the  school 
district,  to  appraise  and  adjust  all  claims  or  assets  in  such  a  manner  that  each 


THE  NEBRASKA  SCHOOL  LAWS          109 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

district  shall  bear  its  proportion  of  the  indebtedness,  as  heretofore  provided, 
and  have  its  proportion  of  the  assets  of  the  district. 

6970  Sec.  271.     Estimate  of  expenses — taxes. — The  board  of  educa- 
tion shall  annually,  during  the  month  of  June,  report  to  the  county  board 
an  estimate  of  the  amount  of  funds  required  for  the  support  of  the  schools 
during  the  fiscal  year  next  ensuing,  the  amount  of  funds  required  for  the 
purchase  of  school  sites,  the  erection  of  school  buildings,  the  payment  of 
interest  upon  all  bonds  issued  for  school  purposes,  and  the  creation  of  a  sink- 
ing fund  for  the  payment    of  such  indebtedness;  and  the  county  board 
are  hereby  authorized  and  required  to  levy  and  collect  the  necessary  amounts 
the  same  as  other  taxes;  a  duplicate  of  said  certificate  shall  be  filed  by  the 
board  with  the  city  council. 

Cited  36  Neb.,  263. 

6971  Sec.  272.      Limit  of  taxation — bonds — special  warrants. 
—The  aggregate  school  tax,  exclusive  of  school  bond  and  special 

warrant  taxes,  shall  in  no  one  year  exceed  thirty-five  mills. 
Provided,  that  a  levy  not  exceeding  forty-five  mills  may  be  made 
after  submitting  the  proposition  of  the  increased  levy  at  an 
election  called  for  the  purpose  or  at  any  regular  election,  notice 
whereof  shall  be  given  for  at  least  twenty  days  in  one  or  more 
papers  published  within  the  district  to  the  qualified  voters  of  the 
district,  and  if  sixty  per  cent  of  the  votes  cast  at  such  election 
shall  be  for  the  proposed  increased  levy,  the  board  may  make  the 
levy  in  such  amount  as  may  be  named  in  the  election  notices. 
But  the  board  of  education  may  borrow  money  upon  bonds  or 
special  warrants  which  they  are  hereby  authorized  and  empowered 
to  issue,  bearing  a  rate  of  interest  not  to  exceed  six  per  cent  per 
annum,  interest  payable  annually  or  semi-annually  at  such  place 
as  may  be  mentioned  upon  the  face  of  the  bonds  or  special  war- 
rants which  loan  shall  be  paid  and  reimbursed,  in  the  case  of 
bonds,  in  the  period  of  not  exceeding  thirty  years  from  the  date 
of  said  bonds,  and,  in  case  of  special  warrants,  the  same  shall  be 
paid  from  the  proceeds  of  a  special  levy  for  that  purpose  as  is 
provided  for  the  payment  of  above  bonds  herein  referred  to. 
Provided  no  bonds  or  special  warrants  shall  be  issued  nor  the 
question  of  issue  submitted  to  the  voters  without  the  consent  of 
two-thirds  of  the  members  of  the  board  of  education  and  be 
offered  in  the  open  market  and  sold  to  the  highest  bidder  for  not 
less  than  par  value  of  the  dollar;  and  provided  further,  no  bonds 
nor  special  warrants  shall  be  issued  by  the  board  of  education 
without  first  submitting  the  proposition  of  issuing  the  bonds  or 
special  warrants  at  an  election  called  for  that  purpose,  or  at  any 
regular  election,  notice  whereof  shall  be  given  for  at  least  twenty 
days  in  one  or  more  papers  published  within  the  district  to  the 
qualified  voters  of  the  district  and  at  such  election  there  shall  be 
submitted  to  the  qualified  voters  the  question  of  the  issuance  of 
bonds  or  special  warrants  of  the  district  and  if  a  majority  of  the 
ballots  cast  at  such  election  shall  be  for  issuing  bonds  or  special 


110 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 


warrants,  the  board  may  issue  bonds  or  special  warrants,  as  the 
case  may  be,  in  such  amount  as  may  be  named  in  the  election 
notice.  Provided,  in  cities  of  the  first  class  having  over  25,000 
inhabitants,  if  such  question  is  submitted  at  a  special  election,  it 
shall  require  to  carry  the  same  a  two-thirds  majority  of  the  votes 
cast  at  such  election. — Emergency. 

6972  Sec.  273.     Interest  and  sinking  fund. — The  board  of   education 
is  hereby  authorized  and  required  to  provide,  before  the  same  shall  become  due 
for  the  interest  on  all  bonds  issued  by  the  district;  they  shall  also,  immediately 
after  the  expiration  of  one-half  of  the  time  for  which  said  bonds  are  issued, 
proceed  to  set  apart  each  year,  for  a  sinking  fund,  a  requisite  amount  or 
proportion  sufficient  to  pay  the  principal  of  said  bonds  when  they  shall  be- 
come due.     All  moneys  set  apart  for  said  sinking  fund  shall  be  invested: 

First. — In  the  purchase  and  redemption  of  bonds  of  the  school  district, 
which  bonds  shall  be  purchased  in  open  market,  in  such  manner  as  the  board 
of  education  shall  prescribe. 

Second. — In  bonds  of  the  county  in  which  the  city  is  situated. 

Third. — In  bonds  of  the  state  of  Nebraska. 

Fourth. — In  U.  S.  Bonds. 

Fifth. — In  bonds  of  the  city. 

6973  Sec.  274.     Purchase    of    bonds    before    maturity. — If     it    shall 
be  deemed  advisable  by  the  board  of  education  to  purchase  bonds  issued  under 
the  provisions  of  this  chapter,  before  maturity,  the  treasurer  shall  sell  to  the 
highest  bidder,  in  open  market,  and  in  a  manner  prescribed  by  the  board, 
such  bonds  or  securities  as  shall  belong  to  the  school  funds,  and  the  proceeds 
thereof  shall  apply  to  purchase  of  bonds  herein  provided  for. 

6974  Sec.  275.     Control    of    funds. — All    moneys    arising    from     any 
source  whatever,  which  are  payable  to  any  school  fund  of  any  city  of  the  state 
or  any  moneys  which  are  required  to  be  set  apart  by  the  treasurer  of  any  such 
city  for  the  support  arid  maintenance  of  any  school  therein,  shall  be  payable 
to  the  treasurer  of  the  board  of  education,  and  shall  be  used  only  for    the 
purpose  specified  in  this  article. 

6975  Sec.  270.     Taxes  paid  in  money. — All  taxes  collected  for  the  bene- 
fit of  the  public  schools  shall  be  paid  in  money,  and   shall  be  subject  to  the 
order  of  the  board  of  education. 


ARTICLE  XXV. 

STATE  NORMAL  SCHOOLS. 


SECTION 

7057.  Direction  and  control. 

7058.  Officers  of  bo.-rd. 

7059.  Secretary — duties — report. 
7000.  Teachers  and  employees. 
7061.  Compensation  of  board. 
7<)<;2.  Meetings. 

7003.  Preservation  of  property. 

7005.  Principals — responsibilities. 


SECTION 

7000.  Morals  of  pupils — no  religious  test. 

7007.  Diplomas — certificates. 

7008.  Control  of  funds. 

7009.  Endowment  of  funds. 

7070.  Matriculation  fees. 

7071.  Dormitory  fund. 

7072.  Purpose  of  schools. 

7073.  Admission  of  pupils. 


7057     Sec.  358.     Direction  and  control. — All  of  the  state  normal  schools 
shall  be  under  the  direction  of  a  board  of  education,  consisting  of    seven 


THE  NEBRASKA  SCHOOL  LAWS  111 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

members,  five  of  whom  shall  be  appointed  by  the  governor  for  a  term  of  five 
years  each,  and  the  state  treasurer  and  the  state  superintendent  of  public 
instruction  shall  by  virtue  of  their  office  be  members  of  the  board.  All 
vacancies  occurring  in  the  board  shall  be  filled  by  appointment  of  the  governor. 

7058  Sec.  359.     Officers  of  board. — The  members  of  the  board .of__cdu- 
cat .ion,  shall  annually  elect  a  president  and  a  secretary  among  their  own  num- 
ber and  the  state  treasurer  shall  be  treasurer  of  the  board  by  virtue  of   his 
office. 

7059  Sec.  360.     Secretary — duties — report. — It    shall    be    the     duty 
of  the  secretary  to  keep  an  exact  and  detailed  account  of  the  doings  of  the 
board,  and  on  the  first  day  of  January  of  each  year  he  shall  transmit  to  the 
governor  a  report  of  all  expenditures   made  during  the    preceding    year, 
vouchers  for  which  shall  be  kept  on  file  in  the  office  of  the  secretary,  and  open 
to  the  inspection  of  the  governor,  auditor,  and  members  of  the  legislature. 

7060  Sec.  361.     Teachers  and  employees. — The  board  shall  have  power 
to  appoint  a  principal,  assistant  teachers,  and  such  other  employees  as  may 
be  required,  for  each  normal  school,  to  fix  their  compensation  and  prescribe 
t  heir  duties.    They  shall  have  power  to  remove  all  persons  appointed  by  them, 
provided  the  affirmative  votes  of  four  members  of  the  board  shall  be  necessary 
to  remove  a  principal  or  an  assistant  during  the  time  for  which  such  persons 
were  appointed. 

7061  Sec.  362.     Compensation  of  board. — The  board  of  education  shall 
receive  no  compensation  for  their  services,  but  shall  be  reimbursed  actual 
expenses  incurred  in  attending  upon  meetings  of  the  board. 

7062  Sec.  363.     Meetings. — The  board  shall  hold  each  year  a  regular 
meeting  at  or  near  the  close  of  each  semester,  and  such  special  meetings  as 
may  be  found  necessary. 

7063  Sec.  364.     Preservation  of  property. — The  board  shall  adopt  all 
needful  rules  and  regulations  for  the  careful  preservation  of  the   buildings, 
furniture,   apparatus,   grounds,   timber,   shrubbery,   etc.,   belonging  to   the 
normal  schools. 

7065  Sec.  366.     Principal,    responsibilities. — The    principal    of    each 
school  shall  be  the  chief  executive  officer  thereof,  and  shall  be  responsible  to 
the  board  for  the  control  and  management  of  the  same.     All  teachers  and 
other  subordinates  in  each  school  shall  be  under  the  direction  of  the  principal 
thereof,  subject  to  the  general  regulations  of  the  board. 

7066  Sec.  367.     Morals  of  pupils — no  religious  test. — The  board  in 
their  regulations,  and  the  principal  in  his  supervision  and  government  of  the 
school,  shall  exercise  a  watchful  guardianship  over  the  morals  of  the  pupils; 
but  no  religious  or  sectarian  test  shall  be  applied  in  the  selection  of  teachers, 
and  none  shall  be  adopted  in  the  school. 

7067  Sec.  368.     Diplomas — certificate. — Any  student  of  good    moral 
character  having  completed  the  elementary  course  of  the  state  normal  schools 
of  this  state  shall  be  granted  an  elementary  state  certificate  by  the  board  of 
education  of  the  state  normal  schools,  which  shall  be  good  for  a  term  of  not  less 
than  one  year  and  not  to  exceed  three  years  from  date  of  issuance,  at  the 
discretion  of  the  county  superintendent  of  the  county  in  which  the  holder 


112  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  »  BARTLETT  CO..  OMAHA. 

of  such  certificate  shall  teach.  Any  student  completing  the  higher  course  of 
study  in  a  saticfactory  manner  shall  be  granted  by  the  board  of  education  of 
the  state  normal  schools  a  diploma  which  shall  be  recognized  as  a  first  grade 
[state]  certificate,  which  shall  entitle  the  holder  to  teach  in  any  of  the  schools 
of  the  state  without  further  examination  for  the  space  of  three  years.  Any 
graduate  of  the  higher  course,  who  shall,  after  graduation,  teach  two  annual 
terms  of  school  of  not  less  than  six  months  each,  or  their  equivalent,  and  shall 
produce  a  certificate  of  good  moral  conduct  and  satisfactory  discharge  of  pro- 
fessional duties  from  the  board  or  boards  of  directors  of  the  district  or  districts  in 
which  the  applicant  taught,  countersigned  by  the  county  superintendent  of 
the  proper  county  or  counties,  shall  be  granted  by  the  board  of  education  of 
the  state  normal  schools  an  additional  diploma  which  shall  be  recognized  as 
a  professional  state  certificate  good  for  life.  Provided,  any  teacher 
producing  satisfactory  proof  of  three  years'  successful  teaching  previous  to 
graduation  in  the  higher  course  of  study  may  receive  such  diploma  upon 
graduation.  Provided,  no  life  diploma  shall  be  in  force  after  its  holder 
shall  permit  a  space  of  three  years  to  laspe  without  following  some  educational 
pursuit;  unless  said  diploma  be  endorsed  by  the  state  superintendent;  Pro- 
vided, Each  holder  of  a  certificate  from  the  elementary  course,  or  a 
diploma  from  the  higher  course,  shall,  before  he  begins  to  teach,  register  the 
same  in  the  office  of  the  county  superintendent  of  the  county  in  which  he 
shall  teach,  and  for  such  registration  he  shall  pay  a  fee  of  one  dollar,  which 
shall  go  into  the  institute  fund  of  county. 

Sec.  368a.  Training  of  rural  teachers. — There  shall  be  estab- 
lished in  the  state  normal  schools  of  Nebraska  a  course  of  study 
for  rural  teachers.  Said  course  shall  contain  thorough  instruc- 
tion in  the  common  school  subjects,  rural  sociology,  manage- 
ment and  organization  of  rural  schools,  observation,  considera- 
tion of  how  to  organize  a  rural  school  and  make  the  school  house 
a  social  center,  manual  training,  sanitary  science,  household 
economy,  agriculture  and  vocal  music.  The  course  shall  cover 
two  years,  and  mature  students  may  enter  directly  from  the  tenth 
grade,  and  upon  completion  of  said  course  may  be  granted  county 
certificates  under  the  rules  to  be  prescribed  by  the  state  superin- 
tendent of  public  instruction. 

7068  Sec.  369.     Control    of   funds. — All   funds   appropriated   for    the 
use  and  benefit  of  the  normal  school,  together  with  the  income  arising  from 
the  lease  and  sale  of  the  endowment  lands  belonging  to  said  school,  shall  be 
under  the  direction  and  control  of  said  board  of  education,  subject  to  the 
provisions  herein  contained.    The  treasurer  shall  pay  out  of  the  proper  funds 
all  drafts  for  moneys  to  be  expended    under    the    provisions    of    this  article, 
such  orders  or  drafts  to  be  drawn  by  the  auditor  on  certificates  by  the  secre- 
tary, countersigned  by  the  president  of  the  board.    No  such  certificates  shall 
be  given  except  upon  accounts  audited  and  allowed  by  the  board  in  open 
meeting. 

7069  Sec.  370.     Endowment  funds. — All  the  lands  remaining  unsold  of 
the  twenty   sections  heretofore  appropriated  as  an  endowment  fund  "for  the 
state  normal  school,  and  all  the  endowment  fund  hitherto  derived  from  the 


THE  NEBRASKA  SCHOOL  LAWS  113 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

sale  of  such  lands,  shall  be,  and  the  same  is  hereby,  confirmed  as  such  endow- 
ment, to  be  forever  used  for  this  purpose. 

7070  Sec.  371.     Matriculation  fees. — Students,  when  entering  any  nor- 
mal school  for  the  first  time,  shall  pay  a  matriculation  fee  of  five  dollars.     The 
moneys  thus  received  shall  be  paid  into  the  hands  of  the  state  treasurer,  and- 
shall  be  held  as  a  library  fund,  and  the  board  of  education  shall,  from  time 
to  time,  appropriate  the  same  for  the  purchase  of  books  for  the  normal  school 
library. 

7071  Sec.  372.     Dormitory  fund. — All  moneys  received  for  the  use   of 
rooms  in  the  dormitory  shall  be  expended  by  the  board  in  repairs  of   such 
dormitory  and  the  furniture  of  the  same,  whenever  such  repairs  are  needed. 

7072  Sec.  373.     Purpose  of  schools. — The  exclusive  purpose  of  normal 
schools  is  the  training  and  instruction  of  persons,  both  male  and  female,  in  the 
arts  of  teaching  and  managing  schools,  and  in  the  principles  and  practice  of 
the  various  branches  of  learning  taught  in  our  public  schools. 

7073  Sec.  374.     Admission   of   pupils. — The   board   shall    make   such 
rules  and  regulations  for  the  admission  of  pupils  to  the  schools  as  may  seem  to 
be  best  for  the  interest  of  the  schools  and  not  inconsistent  with  the  purpose  for 
which  they  have  been  established.    No  pupil  shall  be  admitted  to  said  schools 
who  does  not  possess  at  least  a  two  years'  high  school  education,  or  its  equiva- 
lent, as  outlined  in  the  Nebraska  high  school  manual  issued  jointly  by   the 
University  of  Nebraska  and  the  state  superintendent  of  public  instruction. 
Provided,  pupils  of  mature  age,  who  have  completed  the  course  of  study  in 
their  home  districts,  or  its  equivalent,  may  be  admitted  to  a   preparatory 
department  under  such  rules  and  regulations  as  the  board  may    prescribe. 
Provided  further,  nothing  in  this  act  shall  apply  to  the  junior  normals  or  to 
Uie  attendance  at  the  summer  term  of  the  normals. 


ARTICLE  XXVI. 

7084      Sec.  385.      Colleges  of  university. — The  university  may 
embrace  the  following  colleges: 

First — A  graduate  college; 
Second — a  college  of  arts  and  sciences; 
Third — a  college  of  agriculture; 
Fourth — a  college  of  engineering; 
Fifth — a  teacher's  college; 
Sixth — a  college  of  law; 
Seventh — a  college  of  medicine; 
Eighth — a  college  of  pharmacy. 


COUNTY  RURAL  SCHOOL  DISTRICTS. 

Senate  File  No.  22. 

Section  1.  All  the  school  districts  organized  under  Article 
III,  Chapter  71,  Revised  Statutes  of  Nebraska  for  1913,  in  any 
county  of  the  state  of  less  than  7,000  population  may  in  the 


114  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.    OMAHA. 

manner  hereinafter  provided  be  discontinued  and  their  territory 
organized  into  one  county  rural  school  district  to  be  known  as  the 
county  rural  school  district  of County,  Nebraska.  When- 
ever twenty-five  per  cent  of  the  number  of  school  electors  in  the 
school  districts  organized  under  Article  III,  Chapter  71,  Revised 
Statutes  of  Nebraska  for  1913  within  any  county,  shall  petition 
the  board  of  county  commissioners  or  supervisors  to  call  an 
election  to  determine  whether  said  districts  shall  be  discontinued 
and  their  territory  organized  into  one  county  rural  school  district, 
an  election  shall  be  called  by  said  commissioners  or  supervisors 
for  that  purpose.  Provided,  that  any  district  including  an  in- 
corporated village  shall  be  excluded  from  the  county  rural  high 
school  districts  upon  petition  presented  to  the  county  board  of 
commissioners  or  supervisors,  signed  by  a  majority  of  the  school 
electors  of  such  district. 

Sec.  2.  The  board  of  county  commissioners  or  supervisors 
shall  set  a  date  for  said  election,  said  date  except  as  otherwise 
specified  shall  not  be  less  than  thirty  (30)  nor  more  than  sixty  (60) 
days  subsequent  to  the  filing  of  the  petition  for  calling  said 
election.  The  board  shall  also  designate  and  provide  convenient 
polling  places  and  the  boundary  lines  of  the  precincts  which  each 
polling  place  will  serve,  and  set  the  time  during  which  the  polls 
shall  remain  open,  which  polls  shall  remain  open  for  at  least 
four  (4)  hours  between  the  hours  of  eight  A.  M.  and  eight  P.  M. 
The  board  shall  cause  the  county  clerk  to  notify  the  school 
directors  of  each  district  affected,  of  said  election,  its  purpose, 
and  the  time  and  places  for  voting  with  the  boundary  lines  of 
each  voting  precinct.  They  shall  also  cause  the  county  clerk  to 
publish  said  notice  in  the  official  paper  of  the  county,  and  one  or 
two  other  papers  if  they  deem  it  advisable. 

The  qualified  school  electors  shall  vote  by  ballot  for  or  against 
the  establishment  of  the  county  rural  school  district. 

The  ballot  shall  be  a  separate  ballot  and  substantially  in  the 
following  form: 

"For    the  discontinuance  of  all  school  districts  in 

county  organized  under  Article  III,  Chapter  71,  Revised  Statutes 
of  Nebraska  for  1913,  and  the  organization  of  their  territory  into 
one  county  rural  school  district." 

"Yes D" 

"For  the  discontinuance  of  all  school  districts  in 

county  organized  under  Article  III,  Chapter  71,  Revised  Statutes 
of  Nebraska  for  1913,  and  the  organization  of  their  territory  into 
one  county  rural  school  district." 

"No    D" 

The  electors  favoring  the  establishment  of  such  county  rural 
school  district  shall  mark  the  square  after  "yes,"  those  opposed 
to  the  establishment  of  such  county  rural  school  district  in  the 
Square  after  "No." 

Before  an  elector  shall  be  entitled  to  vote  at  said  election  he 


THE  NEBRASKA  SCHOOL  LAWS          115 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

or  she  if  challenged  shall  be  required  to  swear  that  he  or  she  has 
resided  in  the  territory  affected  by  said  election  for  at  least  forty 
(40)  days  previous  to  said  election  and  that  he  or  she  is  otherwise 
a  duly  qualified  school  elector.  Such  special  election  shall  be 
conducted  in  all  respects  and  the  returns  and  canvass  made  as  in 
general  elections,  except  as  herein  otherwise  provided. 

Sec.  3.  If  a  majority  of  the  votes  cast  on  the  proposition  are 
in  favor  of  the  organization  of  such  county  rural  school  district 
the  county  board  at  the  first  meeting  after  the  canvass  of  the  vote 
shall  by  an  order  duly  entered  upon  their  records  declare  the  fact 
of  the  discontinuance  of  all  school  districts  in  the  county  organ- 
ized under  Article  III,  Chapter  71,  Revised  Statutes  of  Nebraska 
for  1913,  and  the  organization  of  their  territory  into  a  county 
rural  school  district  to  be  known  as  the  county  rural  school  dis- 
trict of county,  in  Nebraska,  said  discontinuance  and 

said  organization  to  be  effective  at  12  o'clock  noon  of  the  first 
Monday  in  July  next  after  the  adoption  of  this  plan.  At  the  same 
meeting  of  the  board  of  county  commissioners  or  supervisors, 
they  shall  also  call  a  special  election  in  the  county  rural  school 
district  to  be  held  on  the  second  Monday  in  June,  succeeding  the 
adoption  of  the  plan,  said  election  to  be  held  for  the  purpose  of 
electing  members  of  the  county  district  board  of  education; 
said  election  to  be  held  according  to  the  provisions  of  this  act 
designating  the  method  of  nominating  and  electing  members  of 
the  county  board  of  education,  provided  that  in  connection  with 
said  special  election  the  county  clerk  and  the  county  board  of 
supervisors  or  commissioners  shall  act  in  lieu  of  the  secretary  of 
<he  board  of  education  or  in  lieu  of  the  county  board  of  education 
respectively  as  specified  in  this  act. 

Sec.  4.  Every  school  district  established  in  accordance  with 
and  under  the  provisions  of  this  article  shall  be  and  is  hereby 
constituted  a  corporation,  vested  with  all  such  corporate  powers, 
expressly  given  by  general  statutes  to  corporations,  as  may  be 
necessary  to  secure  to  the  people  the  advantages  of  a  general  and 
uniform  system  of  public  education;  and  all  powers  and  privileges 
now  conferred  by  law  on  school  districts,  not  contrary  to  the 
provisions  of  this  act,  are  hereby  conferred  on  such  county  rural 
school  districts.  School  electors  mentioned  in  this  act  shall  have 
such  qualifications  as  are  set  forth  in  Article  II,  Section  34,  Chap- 
ter 71,  Revised  Statutes  of  Nebraska  for  1913. 

Sec.  5.  School  therein  shall  be  free.  In  each  district,  subject 
to  the  provisions  of  this  chapter,  the  public  schools  shall  be  free 
to  all  children  between  the  ages  of  five  and  twenty-one  years. 
All  public  schools  and  school  property  therein  shall  be  under  the 
direction  and  control  of  the  board  of  education  and  the  subdistrict 
board. 

Sec.  6.  Board  of  Education. — In  all  county  rural  school  dis- 
tricts there  shall  be  a  board  of  education  consist  ing  of  five  members 
elected  at  large  from  and  by  the  qualified  school  electors  therein, 


116  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

who  shall  be  vested  with  the  corporate  powers  of  the  district  and 
who  shall  represent  the  school  corporation  in  all  legal  actions. 
Provided  that  at  the  time  of  calling  the  first  election  for  the 
election  of  school  board  members,  the  county  board  of  com- 
missioners or  supervisors  shall  divide  the  district  into  five  wards 
as  nearly  equal  as  possible,  geographically,  and  the  board  of 
education  members,  shall  be  residents  of  separate  'wards. 

Sec.  7.  Members  of  board — how  elected. — There  shall  be 
elected  in  each  county  rural  school  district  on  the  second  Monday 
in  June,  succeeding  the  adoption  of  the  plan,  one  board  member 
from  school  ward  No.  1  for  a  term  of  two  years,  one  board  member 
from  school  ward  No.  2,  for  a  term  of  two  years,  one  board  member 
from  school  ward  No.  3  for  a  term  of  four  years,  one  board  mem- 
ber from  school  ward  No.  4  for  a  term  of  four  years,  and  one  board 
member  from  school  'ward  No.  5  for  a  term  of  six  years;  and  at 
the  expiration  of  their  respective  terms  of  office  and  regularly 
thereafter  on  the  second  Monday  in  June  their  several  successors 
shall  be  elected  for  a  term  of  six  years  each,  and  all  officers  so 
elected  shall  hold  their  offices  until  their  successors  are  elected 
or  appointed  and  qualified. 

Sec.  8.  Must  qualify. — Members  of  the  board  of  education 
shall  qualify  previous  to  and  take  their  seats  at  the  first  regular 
meeting  which  shall  be  the  first  Monday  in  July  next  after  their 
election,  and  shall  serve  until  their  successors  are  duly  elected  and 
qualified. 

Sec.  9.  Oath  of  office. — Each  member  of  the  board  of  educa- 
tion upon  assuming  the  office  shall  take  and  subscribe  to  an  oath 
or  affirmation  to  support  the  constitution  of  the  United  States 
and  the  State  of  Nebraska  and  faithfully  to  perform  the  duties 
of  his  office.  The  oath  shall  be  filed  in  the  office  of  the  county 
clerk  wh<»  shall  immediately  notify  the  state  superintendent  of 
the  names  and  addresses  of  all  officers  so  elected  and  qualified. 

Sec.  10.  Organization. — The  boards  of  education  at  the 
first  regular  meeting  in  July  of  each  year,  shall  organize  by  the 
election  of  a  president  and  vice-president,  whose  terms  of  office 
shall  be  for  two  years,  and  until  their  successors  are  elected  and 
qualified.  All  property  of  every  description  belonging  to  any 
school  district  within  the  new  county  rural  school  district  at  the 
same  time  shall  assume  and  be  held  liable  for  all  unpaid  bonded 
and  unbonded  indebtedness  of  the  several  districts  whose  terri- 
tory has  been  organized  into  said  county  rural  school  district. 

Sec.  11.  Regular  meetings. — The  regular  meeting  of  the 
board  of  education  shall  be  at  least  quarterly — on  the  first  Mon- 
days of  the  months  of  July,  October,  January  and  April  and  of 
such  other  months  as  they  may  by  rule  determine.  Special  meet- 
ings subject  to  such  limitations  as  may  be  imposed  by  a  majority 
vote  of  the  qualified  school  electors  at  any  regular  annual  school 
meeting,  may  be  held  from  time  to  time  by  giving  at  least  five 


THE  NEBRASKA  SCHOOL  LAWS  117 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

days9  written  notice  to  all  members  of  the  board  and  of  the  sub- 
district  boards.     Three  members  shall  constitute  a  quorum. 

Sec.  12.  Duties  of  officers. — It  shall  be  the  duty  of  the  presi- 
dent of  the  board  of  education  to  preside  at  all  meetings,  appoint 
all  standing  committees,  to  contersign  all  warrants  drawn  upon 
the  treasurer  and  to  perform  such  other  duties  as  may  be  pre-- 
scribed  by  the  board.  The  vice-president  shall  perform  all  the 
duties  of  the  president  in  case  of  his  absence  or  disability. 

Sec.  13.  Treasurer. — The  county  treasurer  shall  be  ex-officio 
treasurer  of  the  county  school  district.  It  shall  be  the  duty  of  the 
treasurer  to  take  charge  of  the  school  district  funds  arising  from 
tax  collections  and  from  other  sources,  as  provided  by  the  statutes 
of  Nebraska,  and  to  place  the  same  in  the  proper  account  upon  his 
books  and  to  pay  out  the  same  only  upon  warrants  issued  in  ac- 
cordance with  the  law.  lie  shall  attend  meetings  of  the  board 
when  requested  to  do  so,  and  shall  at  the  beginning  of  each  quar- 
ter furnish  a  statement  showing  the  collections  of  the  previous 
quarter,  the  amounts  paid  out  and  the  balance  in  the  various 
funds  in  his  charge  or  on  deposit,  together  with  other  information 
which  may  be  reasonably  required  by  the  board  with  regard  to 
the  school  funds  in  his  possession. 

Sec.  14.  Prohibition  of  school  officers. — No  school  officer 
shall  be  employed  to  teach  nor  to  draw  public  money  as  a  regular 
employee  of  the  board  during  the  period  of  his  services  as  said 
school  officer. 

Sec.  15.  Vacancies. — The  board  of  education  is  hereby 
required  to  fill  any  vacancy  that  may  occur  through  non-residence 
or  any  other  cause,  until  the  next  election  of  members  of  the 
board;  provided,  that  any  vacancy  occurring  previous  to  the  annual 
school  election  having  an  unexpired  term,  shall  be  filled  for  such 
unexpired  term  at  the  first  school  election  thereafter. 

Sec.  16.  General  powers. — The  powers  of  the  board  of  educa- 
tion of  county  school  districts  shall  be  as  follows: 

(a)  The  establishment  of  a  uniform  and  efficient  system  of 
public  schools,     the  maintenance  and  general  management  of 
the  same. 

(b)  The   preparation   of   an   annual   budget   of   all   expenses 
required  in  said  district  during  the  fiscal  year  and  the  certifica- 
tion of  the  same  to  the  board  of  county  commissioners  or  super- 
visors, which  thereupon  levy  a  tax  to  defray  the  same  on  all  tax- 
able property  within  the  county  school  district;  provided  that 
the  tax  levied  for  general  school  purposes  shall  not  exceed  in  any 
one  year  twenty-five  mills  on  the  dollar  of  assessed  valuation  in 
said  school  district,  in  addition  to  the  tax  levied  for  buildings  and 
equipment  (exclusive  of  the  bond  tax)  which  shall  not  exceed  in 
any  one  year  five  (5)  mills  on  the  assessed  valuation  in  said  dis- 
trict, the  proceeds  of  such  taxes  and  all  other  funds  accruing   to 
the  general  fund  of  said  county  rural  school  district  shall  be  ex- 


118  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

pended  by  the  county  school  board  for  the  general  expenses  of 
maintaining  schools  within  the  district  in  such  manner  as  in  its 
judgment  will  secure  the  best  results,  provided,  no  unusual  ex- 
penditures shall  be  made  unless  it  shall  first  be  approved  by  the 
county  superintendent. 

(c)  Said  county  school  board  may  also  purchase  and  hold 
real  estate  for  school  purposes,  or  sell  the  same,  locate,  build  and 
maintain,  in  repair,  necessary  school  buildings  and  insure  the 
same  or  establish  an  insurance  fund  in  lieu  thereof. 

(d)  Prescribe   and   change   boundaries   of   local   subdistricts 
which  shall  determine  attendance  at  particular  schools,  equip 
buildings,   rooms   and   grounds   for   efficient   work;   purchase   all 
necessary   apparatus,   supplies,   stationery,    texts,   reference   and 
other  works,  and  shall  furnish  the  same  free  for  the  use  of  all 
pupils  and  teachers  in  their  schools. 

Sec.  17.  The  qualified  voters  of  every  new  subdistrict,  when 
assembled  pursuant  to  legal  notice,  and  all  existing  subdistricts 
at  their  annual  meetings,  which  shall  be  held  on  the  second 
Monday  in  June  each  year,  shall  elect  by  ballot  from  the  qualified 
voters  of  such  district  a  moderator  for  three  years,  a  director  for 
two  years,  and  a  trustee  for  one  year;  and  at  the  expiration  of 
their  respective  terms  of  office,  and  regularly  thereafter  their 
several  successors  shall  be  elected  for  the  term  of  three  years,  each, 
and  all  officers,  so  elected  shall  hold  their  offices  until  their 
successors  are  elected  or  appointed,  and  qualified:  Provided,  that 
when  the  county  rural  school  district  is  organized  the  director 
and  moderator  of  the  old  district  organized  under  subdivision  3 
shall  assume  the  office  of  director  and  moderator  of  the  new 
subdistricts,  and  the  treasurer  of  the  old  district  shall  assume  the 
office  of  trustee  of  the  new  subdisteicts  and  such  officers  shall 
hold  these  offices  until  the  expiration  of  the  terms  for  which  they 
were  elected  under  the  old  system. 

Sec.  18.  The  local  subdistrict  board  shall  be  the  board  of 
control  for  the  subdistrict.  They  shall  recommend  and  supervise 
repairs  and  improvements  of  buildings  and  grounds;  elect  teach- 
ers, be  custodians  of  buildings  and  grounds  and  other  property, 
and  in  a  general  way  represent  the  people  of  their  district,  with 
the  right  to  be  heard  at  any  session  of  the  county  board  of  educa- 
tion. The  subdivision  director  shall  take  the  school  census  in  the 
subdistrict,  report  the  children  of  school  age  not  attending  school, 
report  the  teachers  elected  by  district  board,  and  make  all  other 
necessary  reports  to  the  county  board  of  education  and  send 
copies  of  the  same  to  the  county  superintendent.  He  shall  post 
notices  of  school  election  when  so  directed  by  the  county  board 
and  preside  at  all  subdistrict  meetings. 

Sec.  19.  Nominations  for  school  offices. — Candidates  for  the 
county  school  board  may  be  nominated  by  filing  with  the  county 
superintendent  of  education,  not  earlier  than  the  fifteenth  day 


THE  NEBRASKA  SCHOOL  LAWS  119 

COMPILED  BY   KLOPP  ft  BARTLETT  CO..  OMAHA 

of  May  and  not  later  than  the  first  day  of  June,  certificates  of 
nomination  for  the  office  to  be  filled.  Such  certificates  shall  con- 
tain the  name  of  the  candidate,  his  residence,  business  address 
and  the  office  for  which  he  is  named,  and  must  be  signed  by 
twenty  or  more  qualified  electors  of  the  county  rural  school_dis- 
trict. 

Each  elector  signing  a  certificate  of  nomination,  shall  add  to 
his  signature,  his  place  of  residence,  his  business  and  his  post 
office  address,  and  shall  declare  that  he  is  not  joined  in  nominat- 
ing any  other  person  for  the  office  to  be  filled.  Such  signatures 
need  not  all  be  appended  to  one  paper. 

No  certificate  of  nomination  shall  contain  the  name  of  more 
than  one  candidate  for  any  office  to  be  filled,  but  each  elector  may 
sign  as  many  certificates  as  there  are  officers  to  be  elected  for  a 
particular  term  of  office. 

Sec.  20.  No  party  designation. — In  order  to  separate  politics 
as  far  as  possible  from  school  affairs,  no  descriptive  word,  words 
or  symbol  to  designate  the  party  or  principles  of  any  nominee, 
shall  appear  on  the  certificate  of  nomination,  or  to  be  used  or 
printed  on  the  ballot. 

Sec.  21.  Withdraw  from  nomination. — Any  person  whose 
name  has  been  filed  as  a  candidate,  may  cause  his  name  to  be 
withdrawn  from  nomination  by  request  in  writing,  signed  by 
himself  and  properly  acknowledged  and  filed  with  the  secretary 
of  the  board  at  least  ten  days  prior  to  the  day  of  election;  and  no 
name  so  withdrawn  shall  be  printed  on  the  ballots  to  be  used. 
A  written  acceptance  of  nomination  must  be  filed  by  any  person 
named  as  a  candidate  at  least  ten  days  prior  to  date  of  election, 
or  such  name  shall  be  omitted  from  the  printed  ticket. 

Sec.  22.  Publication  of  nominees. — The  secretary  shall  cause 
to  be  published  in  one  or  more  county  newspapers  at  least  four 
days  before  the  day  of  election,  all  nominations,  certified  to  him, 
under  the  provisions  of  these  rules. 

Sec.  23.  Ballot. — The  secretary  shall  provide  proper  ballots 
similar  in  form  to  those  authorized  by  law  for  municipal  elec- 
tions on  which  shall  be  printed  the  names  of  the  candidates  for 
the  respective  offices.  The  secretary  shall  provide  the  voting 
booths  required  by  law  in  each  polling  place,  and  such  supplies, 
poll  books,  stationery,  etc.,  as  may  be  necessary  and  the  rotation 
ballots  shall  be  as  provided  for  by  the  Australian  ballot  system. 

Sec.  24.  Conduct  of  election. — Polling  places  shall  be  pro- 
vided at  school  houses  in  the  district  and  two  judges  and  one 
clerk  shall  be  appointed  by  the  county  school  board  and  shall 
receive  $1.00  apiece  for  their  services.  They  shall  conduct  said 
election  in  accordance  with  the  general  election  laws  of  the 
state  as  applied  to  municipal  elections  except  as  provided  in  this 
article. 

Sec.  25.      Returns  of  election.; — The  returns  from  said  election 


120  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.    OMAHA. 

shall  be  certified  by  the  officers  in  each  polling  place  and  the 
ballots  properly  sealed  in  the  ballot  boxes,  together  with  the  poll 
books  shall  be  placed  forthwith  in  the  custody  of  the  secretary  of 
the  county  rural  school  board,  who  shall  keep  said  boxes  inviolate 
for  at  least  thirty  days  after  the  canvass  of  the  returns.  The 
election  officer  chosen  by  the  election  board,  who  shall  carry  the 
ballot  boxes  and  poll  books  to  the  office  of  the  secretary  of  the 
county  rural  school  board  shall  receive  his  actual  expenses  in- 
curred  by  performing  this  duty. 

Sec.  26.  Canvass  of  returns. — The  result  of  said  election  shall 
be  canvassed  and  declared  by  the  board  of  education  at  a  meeting 
held  the  last  Tuesday  in  June  and  certificates  of  election  shall 
be  issued  by  the  secretary  of  the  board  to  successful  candidates. 

Sec.  27.  The  county  rural  school  board  shall  pay  the  free 
high  school  tuition  for  any  pupil  residing  within  the  district  who 
is  over  three  and  a  half  miles  from  a  school  maintained  by  the 
county  rural  school  district  in  which  the  grades  for  which  said 
pupil  is  eligible  are  maintained.  Otherwise  said  free  high  school 
tuition  is  to  be  paid  in  accordance  with  the  provisions  of  Article 
VIII,  Chapter  71,  Revised  Statutes  of  Nebraska  for  1913. 

Sec.  28.  The  board  of  education  for  the  county  rural  school 
district  may  borow  money  upon  bonds  which  they  are  hereby 
authorized  and  empowered  to  issue,  for  the  purpose  of  purchas- 
ing sites  and  erecting  suitable  school  buildings  and  furnishing 
and  equipping  the  same.  Such  bonds  to  bear  interest  at  a  rate 
not  exceeding  six  per  centum  per  annum,  payable  annually  or 
semi-annually  at  such  place  as  may  be  designated  in  said  bonds; 
which  loan  shall  be  paid  and  reimbursed  in  a  period  not  exceeding 
thirty  years  from  the  date  of  the  bonds.  Said  bonds  may  be  made 
optional  on  any  interest  paying  date. 

Provided,  that  no  bonds  shall  be  issued  until  a  petition 
signed  by  at  least  one-third  of  the  qualified  voters  as  defined  in 
this  act  of  the  county  rural  school  district  shall  be  presented  to 
the  board  asking  that  the  question  of  issuing  such  bonds  be  sub- 
mitted in  said  district,  which  petition  shall  set  forth  the  amount 
to  be  voted,  which  amount  shall  not  exceed  ten  per  cent  of  the 
assessed  valuation  of  the  taxable  property  of  such  county  rural 
school  district  at  the  last  completed  assessment,  the  time  the 
bonds  are  to  run,  rate  of  interest  and  purpose  of  issue.  Upon  the 
filing  of  such  petition  the  board  of  education  shall  call  an  election 
in  the  district,  notice  of  which  election  shall  be  given  by  at 
least  twenty  days'  publication  of  the  same  in  at  least  one  news- 
paper published  in  the  county  and  the  posting  of  copies  of  the 
same  in  at  least  three  public  places  in  each  township  or  precinct. 
The  notices  shall  set  forth  the  proposition  in  full  and  the  time 
and  place  for  holding  such  election  in  each  precinct  or  township. 
The  vote  shall  be  by  ballot  and  if  the  majority  of  all  the  ballots 
cast  at  such  election  shall  be  in  favor  of  the  proposition  the  board 


THE  NEBRASKA  SCHOOL  LAWS  121 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

shall  be  empowered  to  issue  and  negotiate  the  bonds.  The  clerks 
and  judges  of  the  election  shall  be  those  appointed  to  act  at 
the  regular  school  election.  The  returns  of  such  election  to  be 
made  to  the  board  of  education  and  the  board  shall  canvass  and 
declare  the  result  of  such  election.  Said  bonds  to  be  signed  by  t  h«* 
president  and  secretary  of  the  county  rural  school  district  and  to 
be  attested  by  the  seal  of  the  county,  and  when  issued  the  same 
shall  be  sold  in  open  market  to  the  highest  bidder  for  not  less  than 
their  par  value. 

Sec.  29.  Whenever  the  county  board  of  education  shall,  not 
earlier  than  six  months  nor  later  than  forty  (40)  days  prior  to 
any  regular  annual  school  election,  receive  a  petition  signed  by  at 
least  thirty  (30)  per  cent  of  the  legal  school  electors  of  the  district 
residing  within  at  least  two-thirds  of  the  townships  included  with- 
in the  county  rural  school  district,  asking  that  the  county  school 

district  of county  be  discontinued  and  that  the  county 

be  reorganized  under  the  old  district  system  as  provided  in 
Article  III,  Chapter  71,  Revised  Statutes  of  Nebraska  for  1913,  the 
county  board  of  education  shall  and  is  hereby  directed  to  submit 
the  question  to  the  voters  at  the  next  succeeding  biennial  school 
election.  The  board  shall  give  proper  notice  as  provided  in  this 
act.  The  qualified  electors  shall  vote  by  ballot  for  or  against  the 
discontinuance  of  the  county  rural  school  district.  The  question 
shall  be  printed  at  the  bottom  of  the  regular  ballot  and  shall  be 
substantially  in  the  following  form: 

"For    the    discontinuance    of    the    county    school    district    of 

county,  Nebraska,  and  the  division  thereof  into  districts 

organized    under    Article    III,    Chapter    71,    Revised    Statutes    of 
Nebraska  for  1913,  according  to  the  provisions  of  law. 
"Yes "..D" 

"For    the    discontinuance    of    the    county    school    district    of 
county,   Nebraska,   and  the  division  thereof  into  dis- 
tricts organized  under  Article  III,  Chapter  71,  Revised  Statutes 
of  Nebraska  for  1913,  according  to  the  provisions  of  law. 
"No "...EH" 

The  electors  favoring  the  discontinuance  of  such  county 
rural  school  districts  shall  mark  in  the  square  after  "yes,"  those 
opposed  to  the  discontinuance  of  such  county  rural  school  dis- 
tricts in  the  square  after  "No."  Such  votes  shall  be  counted  and 
the  returns  and  canvass  made  at  the  regular  biennial  school  elec- 
tions. 

Sec.  30.  If  the  majority  of  the  electors  voting  at  such  election 
cast  their  votes  in  favor  of  discontinuing  the  county  rural  school 
district,  the  county  rural  school  board  of  education  shall  by  an 
order  duly  entered  upon  its  records  so  declare  the  fact,  and  shall 
also  designate  the  boundaries  for  all  new  districts  to  be  organized 
under  Article  III,  Chapter  71,  Revised  Statutes  of  Nebraska  for 
1913,  as  a  result  of  said  discontinuance  of  the  county  rural  school 


122  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

district  and  they  shall  call  for  an  election  of  officers  in  each  of 
said  new  districts,  said  elections  to  be  held  in  accordance  with  the 
provisions  of  Article  III,  Chapter  71,  Revised  Statutes  of  Nebraska 
for  1913.  And  said  county  school  board  shall  wind  up  the  business 
affairs  of  the  district  on  the  first  Monday  of  July  succeeding  the 
vote  to  discontinue  the  county  rural  school  district,  at  which  time 
they  shall  convey  title  to  all  lands  and  buildings  vested  in  said 
county  school  district  to  the  separate  districts  in  which  said  lands 
and  buildings  are  situated,  and  shall  distribute  all  funds,  except 
sinking  funds  collected  for  the  payment  of  any  bonds,  and  all 
other  property  in  their  possession  as  follows:  Three-fourths 
of  said  property  or  funds  among  the  various  districts  pro  rata 
in  accordance  with  the  last  school  census  of  said  districts;  and  one 
fourth  equally  among  said  districts.  Any  bonded  indebtedness 
shall  be  paid  by  the  county  treasurer  from  the  funds  created  by 
any  tax  levied  for  that  purpose  prior  to  the  discontinuance  of  the 
county  rural  school  district,  and  from  the  proceeds  of  the  tax 
levy  assessed  evenly  over  all  the  districts  formed  from  the  dis- 
continued county  rural  school  districts,  said  tax  to  be  levied  by 
the  board  of  county  commissioners  or  supervisors  as  said  levy  is 
required  to  pay  the  bonds  when  they  mature;  any  unbonded  in- 
debtedness shall  be  paid  in  the  same  manner. 


THE  NEBRASKA  SCHOOL  LAWS  123 

COMPILED  BY  KLOPP  ft  BARW.ETT  CO..  OMAHA. 


Chapter  8. 


BONDS  AND  INDEBTEDNESS  OF  COUNTIES  AND  MUNICIPALITIES. 

ARTICLE  I. 

GENERAL  PROVISIONS. 

369  Sec.  5.  Interest  coupons — detached  when. —  Whenever  a  bond  of 
any  county,  city,  town,  township,  precinct,  village,  school  district,  or  other 
municipality,  shall  be  presented  to  the  auditor  of  public  accounts  for  registra- 
tion, the  auditor  shall  examine  the  interest  coupons  thereto  attached,  and  shall 
detach  as  many  of  them  as  shall  mature  before  the  first  taxes  levied  to  meet 
the  same  shall  become  due  and  collectible,  and  stamp  said  coupons  "Detached 
by  the  Auditor  of  Public  Accounts,"  and  send  to  the  treasurer  of  the  county 
from  which  said  coupons  were  issued. 


ARTICLE  III. 

COMPROMISE  OF  INDEBTEDNESS. 

400  Sec.  36.     Compromise  of  indebtedness. — That  any  county,    pre- 
cinct, township,  or  town,  city,    village,  or  school  district  is  hereby  authorized 
and  required  to  compromise  its  indebtedness  in  the  manner  hereinafter  pro- 
vided. 

401  Sec.  37.     How    made. — Whenever    the    county    board    of     any 
county,  the  city  council  of  any  city,  the  board  of  trustees  of  any    village, 
or  the  school  board  of  any  school  district  shall  be  satisfied  by  petitions  or  other- 
wise that  any  such  county,  precinct,  township,  or  town,  city,  village,   or 
school  district  is  unable  to  pay    in    full    its    indebtedness,    and    two-thirds 
of  the  resident  freeholders  of  such  county,  precinct,  township,  or  town,  city, 
village,  or  school  district  shall  by  petition  ask  that  such  county,  precinct, 
township,  or  town,  city,  village,  or  school  district,  compromise  such  indebted- 
ness, they  are  hereby  required  to  enter  into  negotiations  with  the  owner  or 
owners,  holder  or  holders  of  any  such  indebtedness  of  whatever  form  for  scal- 
ing, discounting,  or  compromising  the  same. 

402  .  Sec.  38.    Bonds,  how  issued. — Whenever  satisfactory  arrangements 
are  made  with  the  owner  or  owners,  holder  or  holders,  or  any  of  them,  of  such 

ndebtedness,  for  the  payment  of  the  same,  the  county  board,  for  and  on  behalf 
of  any  such  county,  precinct,  township  or  town,  or  the  city  council  of  any 


124 


THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 


such  city,  or  the  board  of  trustees  of  any  such  village,  or  the  school  board  of 
any  such  school  district,  upon  petition  of  two-thirds  of  the  resident  freehold- 
ers of  such  county,  precinct,  township  or  town,  village  or  school  district  shall 
have  the  authority,  and  they  are  hereby  required  to  issue  the  coupon  bonds 
of  such  county,  precinct,  township  or  town,  city,  village,  or  school  district, 
and  after  reg.stration  to  deliver  the  same  to  the  owner  or  owners,  holder  or 
holders  of  suxch  indebtedness,  in  satisfaction  of  the  same,  not  exceeding  the 
amount  of  the  original  indebtedness. 

403  Sec.  39.     Rate  of  interest — tax  by  board. — Before  issuing  bonds 
under  the  provisions  of  the  three  next  preceding  sections,  the  board  issu- 
ing the  same  shall  by  resolution  entered  upon  its  records  recite  the  number 
and  denomination  of  the  bonds  to  be  issued,  the  rate  of  interest,  and  to 
whom  and  when   payable.      Such  bonds  shall  be  payable  in  not  more  than 
twenty  years  from  the  date  of  their  issue,  or  at  any  time  before  maturi- 
ty, at  the  option  of  the  board  issuing  the  same.       They  shall  bear  inter- 
est at  a  rate  not  exceeding  six  per  cent    per  annum,  and  not    exceeding 
the  rate  of  the  indebtedness  compromised,  with  interest  coupons  attached, 
payable  annually  or  semi-annually,   as  provided  in  said  bonds,  and  said 
board  shall  levy  a  tax  on  all  the  taxable  property  in  such  county,  precinct, 
township  or  town,  city,  village,  or  school  district  in  addition  to  other  taxes, 
to  pay  the  interest  and  principal  of  said  bonds  as  the  same  shall  mature. 

404  Sec.  40.     Record    of    transaction. — Every    board    issuing    bonds 
under  the  provisions  of  the  four  next  preceding  sections  shall  keep  a  complete 
record  of  all  the  transactions  connected  therewith. 

*Act  held  not  to  empower  a  school  district  to  issue  its  bonds  and  deliver  them  to  par- 
ties in  compromise,  or  to  take  the  place,  of  an  indebtedness  evidenced  by  school  district  war- 
rants. (45  Neb.,  13.) 


ARTICLE  VIII. 


SCHOOL  DISTRICT  BONDS. 


SECTION 

447.  School  district  issue  bonds,  when. 

448.  Question  to  be  submitted  to  vote. 

449.  Petition  for  submission. 

450.  Amount  of  bonds. 

451.  Amount  of  bonds  limited. 

452.  Rate  of  interest. 

453.  Description  of  bonds. 

454.  Statements— transmitted  to  state  auditor 

455.  Registration  by  auditor. 

456.  Certificate  of  registry — payment. 

457.  When  auditor  return  unregistered. 

458.  Taxation  for  payment  sinking  fund. 

459.  School  district  defined. 


SECTION 

460.  Excess  of  tax  over  payment  due  invest- 

ment. 

461 .  Payment,  where  and  how  made. 

462.  County  treasurer  liable. 

463.  Cancellation  of  bonds — fees  of   county 

treasurer. 

464.  When  school  bonds  may  be  refunded. 

465.  Recital  of  new  bonds. 

466.  How  issued  and  paid. 

467.  High  school  redemption  bonds. 

468.  Conditions — description. 

469.  Disposition  and  avails  of  bonds. 

470.  How  issued  and  paid. 


447  Sec.  83.  School  district  issue  bonds,  when. — The  district  officers 
of  any  school  district  in  Nebraska  shall  have  power  to  issue  the  bonds  of  the 
district,  for  the  purpose  of  purchasing  a  site  for,  and  erecting  thereon,  a  school- 


*Applies  to  section!  30-32,  inclusive. 


THE  NEBRASKA  SCHOOL  LAWS    .  125 

COMPILED  BY  KLOPP  dt  BARTLETT  CO.,  OMAHA. 

house  or  schoolhouses,  and  furnishing  the  same,  in  such  district,  on  the  terms 
and  conditions  set  forth  in  the  succeeding  sections  of  this  article. 

448  Sec.  84.     Question  to  be  submitted  to  vote. — No  bonds  shall   be 
issued  until  the  question  has  been  submitted  to  the  qualified  electors  of  the^lis^ 
trict,  and  two-thirds  of  all  the  qualified  electors  present  and  voting  on  the  ques- 
tion shall  have  declared  by  their  votes  in  favor  of  issuing  the  same,  at  an  elec- 
tion called  for  the  purpose,  upon  a  notice  given  by  the  officers  of  the  district 
at  least  twenty  days  prior  to  such  election. 

\11  persons  who  are  qualified  to  vote  in  a  school  district  meeting  are  entitled  to  vote 
upon  the  proposition  to  issue  bonds  of  the  district  whenever  such  question  is  properly  sub- 
mitted. 

Women  entitled  to  vote  at  school  elections  may  lawfully  vote  for  or  against  school  district 
bonds.  86  Neb,,  135. 

449  Sec.  85.     Petition    for    submission. — No    vote    shall    be     ordered 
upon  the  issuance  of  such  bonds,  unless  a  petition  shall  be  presented  to  the 
district  board,  suggesting  that  a  vote  be  taken  for  or  against  the  issuing  of 
such  amount  of  bonds  as  may  therein  be  asked  for,  to  purchase  a  site  for,  or 
build  a  schoolhouse  or  houses,  or  for  furnishing  the  necessary  furniture  and 
apparatus  for  the  same,  or  for  all  these  purposes,  which  petition  shall  be 
signed  by  at  least  one-third  of  the  qualified  voters  of  such  district;  Provided, 
the  board    of   education    in    any    city    of  the  metropolitan  class  may  order 
a  vote  upon  the  issuance  of  such  bonds  without  a  petition  therefor 

"One-third  qualified  voters,"  how  ascertained.     41  Neb..  593. 

450  Sec.  86.     Amount  of  bonds. — That  no  such  bonds  shall  be  issued 
in  the  aggregate  amount  to  exceed  five  per  cent  (excepting  in  districts  hav- 
ing over  one  hundred  (100)  school  children)  of  the  last  complete  assessment 
of  the  taxable  property  of  the  district,  for  state  and  county  purposes,  nor 
shall  any  district  issue  bonds  unless  there  are  at  least  twelve  (12)  children 
of  school  age  residing  within  such  district. 

451  Sec.  87.    Amount  of  bonds  limited. — The  amount  of  bonds  shall  in 
no  case  exceed  five  hundred  ($500)  dollars  in  those  districts  having  less  than 
twenty-five  (25)  children  and  not  less  than  twelve  (12)  of  school  age;  and 
the  amount  of  bonds  shall  not  exceed  two  thousand  ($2,000)  dollars  when  the 
number  of  children  of  school  age  is  twenty-five  (25)  or  more  and  less  than 
fifty  (50) ;  and  the  amount  of  bonds  shall  not  exceed  five  thousand  ($5,000) 
dollars  when  the  number  of  children  of  school  age  in  the  district  is  fifty  (50) 
or  more  but  less  than  one  hundred  (100) ;  and  in  districts  having  one  hundred 
(100)  or  more  children  of  school  age,  such  amount  as  may  be  agreed  upon, 
not  to  exceed  twelve  per  cent  of  the  assessed  valuation  of  the  last  completed 
assessment. 

452  Sec.  88.     Rate  of  interest. — The  bonds  issued  under  this    article 
shall  draw  such  interest  as  shall  be  agreed  upon,    but  not  to  exceed  six  per 
cent  per  annum. 

453  Sec.  89.     Description  of    bonds. — The    bonds    shall    specify    on 
their  face  the  date,  amount,  for  what  purpose  issued,  the  time  they  run,  and 
the  rate  of  interest;  shall  be  printed  on  good  paper,  with  coupons  attached  for 
each  year's  or  half  year's  interest,  and  the  amount  of  each  year's  interest 
shall  be  placed  in  corresponding  coupons  until  such  bonds  shall  become  due, 
in  a  manner,  so  as  to  have  the  last  coupon  fall  due  at  the  same  time  as  the 


126  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 

bond;  said  bonds  and  coupons  thereto  attached  shall  be  severally  signed  by 
the  director,  moderator,  and  treasurer  of  the  district  board. 

454  Sec.  90.     Statements — transmitted  to  state  auditor. — It  shall  be  the 
duty  of  the  proper  officers  of  any  school  district  in  which  any  bonds  may  be 
voted  under  the  authority  of  any  law  of  this  state,  before  the  issuance  of  such 
bonds,  to  make  a  written  statement  of  all  proceedings  relative  to  the  vote  upon 
the  issuance  of  such  bonds,  and  the  notice  of  the  election,  manner,  and  time  of 
giving  notice,  question  of  submission,  results  of  a  convass  of  the  vote  on  the 
proposition  on  account  of  which  it  is  proposed  to  issue  such  bonds  together 
with  a  full  statement  of  the  assessed  valuation,  the  number  of  children  of 
school  age  residing  in  the  district,  and  total  bonded  indebtedness  of  the  school 
district  voting  such  bonds.     Such  statement  shall  be  certified  to  under  oath 
by  the  proper  school  board  of  the  district,  and  be  transmitted  with  the  bonds 
proposed  to  be  issued,  to  the  auditor  of  public  accounts. 

455  Sec.  91.     Registration   by   auditor. — The   auditor   shall    examine 
the  statement  and  bonds  so  submitted  to  him,  and  if  he  be  satisfied  that  such 
bonds  have  been  voted  in  conformity  to  law,  and  are  in  all  respects  in  due 
form,  he  shall  record  the  statement  and  register  the  bonds  in  his  office,  and 
no  such  bonds  shall  be  issued  or  be  valid  unless  they  shall  be  so  registered  and 
have  endorsed  thereon  a  certificate  of  said  auditor  and  the  secretary  of  state, 
showing  that  such  bonds  are  issued  pursuant  to  law,  the  data  filed  in  the 
office  of  said  auditor  being  the  basis  of  such  certificate. 

456  Sec.  92.     Certificate  of  registry — payment. — Upon  the  registration 
of  such  bonds  aforesaid,  the  auditor  of  public  accounts  shall  certify  the  fact  to 
the  county  clerk  of  the  county  in  which  the  district  is  situated,  and  also  to 
the  proper  officers  of  such  school  district,  and  whose  duty  it  shall  be  to  enter 
the  same  upon  the  proper  records  of  such  school  district  and  taxes  for  the 
payment  of  such  bonds  and  the  interest  thereof  shall  be  levied  in  the  mariner 
provided  by  this  article. 

457  Sec.  93.     When  auditor  return  unregistered. — If  the  auditor    of 
public  accounts  is  not  satisfied  that  such  bonds  have  been  issued  according  to 
law,  he  shall  return  the  same  to  the  proper  officer  with  a  certificate  to  that 
effect. 

458  Sec.  94.     Taxation    for    payment— sinking    fund. — It    shall     be 
the  duty  of  the  county  board  in  each  county  to  levy  annually    upon  all 
the  taxable  property  in  each  school  district  in  such  county  a  tax  sufficient  to 
pay  the  interest  accruing  upon  any  bonds  issued  by  such  school  district,  and 
to  provide  a  sinking  fund  for  the  final  redemption  of  the  same,  such  levy  to 
be  made  with  the  annual  levy  of  the  county,  and  the  taxes  collected  with 
other  taxes,  and  when  collected  shall  be,  and  remain  in,  the  hands  of  the 
county  treasurer  a  specific  fund  for  the  payment  of  the  interest  upon  such 
bonds,  and  for  the  final  payment  of  the  same  at  maturity.     It  shall  be  the 
duty  of  the  county  clerk  to  furnish  a  copy  of  his  register  to  the  county  treas- 
urer. 

The  county  commissioners  seem  to  be  required  to  levy  the  necessary  taxes  for  the  pay- 
ment of  bonded  indebtedness  of  a  district  without  any  action  of  the  voters  and  officers  of  the 
district. — From  Maxwell's  Practice,  398.  Cited  22  Neb.,  700. 

459  Sec.  95.     School    district    defined. — The   phrase    and     expression 


THE  NEBRASKA  SCHOOL  LAWS  127 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

"school  district,"  as  used  in  the  preceding  section  is  hereby  declared  to 
mean,  intend,  and  refer  to  the  school  district  as  it  existed  immediately  prior 
to  and  at  the  time  of  the  issuance  of  any  bonds  by  said  school  district,  in- 
cluding all  lands  and  property  and  inhabitants  comprised  and  contained  in 
said  school  district  at  the  time  of  the  issuance  of" any  bonds,  and  includmg~aH~ 
and  any  portions  of  said  district  subsequently  separated  from  said  district, 
whether  by  the  formation  of  a  new  district  or  by  any  change  of  boundaries  of 
said  original  district. 

Cited  19  Neb.,  485.     15  Id.,  1. 

460  Sec.  96.  Excess  of  tax  over  payment  due — investment. — Any  money 
remaining  in  the  hands  of  any  treasurer,  after  the  payment  of  interest  due 
on  any  bonds  which  are  a  valid  and  legal  obligation  against  the  school  district 
to  which  such  money  belongs,  and  the  retention  of  a  sufficient  amount  to 
pay  the  accruing  interest  upon  such  bonds  for  the  current  year,  shall  be 
retained  as  a  sinking  fund  for  the  final  redemption  of  such  bonds,  and  shall 
be,  by  the  treasurer,  when  so  ordered  by  the  school  board,  invested  as  follows, 
to-wit:     First,  in  redeeming  bonds  of  the  school  district  issuing  the  same; 
second,  in  registered  bonds  of  the  county  in  which  the  district  is  situated; 
third,  in  the  bonds  of  the  state  of  Nebraska;  fourth,  in  the  bonds  of  the  United 
States;  Provided,  That  the  bonds  thus  purchased  shall  in  all  cases  be  pur- 
chased at  the  lowest  market  price,  after  twenty  days'  notice  by  publication 
in  at  least  one  newspaper  published  and  in  general  circulation  at  the  capital 
city  of  the  state;  the  cost  of  which  advertising,  at  legal  rates,  shall  be  paid 
out  of  the  sinking  fund  for  the  redemption  of  such  bonds. 

461  Sec.  97.     Payment,  where  and  how   made. — When   the    interest 
and  principal,  or  interest  only,  of  such  registered  bonds  are  payable  in  New 
York  City,  or  elsewhere  out  of  the  state,  payment  shall  be  therein  [then]  made 
at  the  place  so  designated  in  such  bond  or  coupon,  or  at  the  commercial 
[financial]  agency  of  the  state  for  such  purposes,  and  in  order  that  the  funds 
may  not  be  misapplied,  the  treasurer  shall  procure  a  draft  for  the  amount, 
to  be  transmitted  by  drawing  his  check  on  some  bank  in  this  state,  and  both 
check  and  draft  shall  be  so  endorsed  as  to  show   upon  what   bond  or   bonds 
the  funds  shall  be  applied;  or,  at  the  request  of  the  party  holding  or  owning 
said  bonds,  payment  may  be  made  at  the  office  of  said  treasurer. 

462  Sec,  98.     County  treasurer  liable. — The  tax   and  funds  so    col- 
lected shall  be  deemed  pledged  and  appropriated  to  the  payment  of    the 
interest  and  principal  of  the  registered  bonds  herein  provided  for,   until 
fully  satisfied,  and  the  treasurer  shall  be  liable  on  his  official  bond  for  the 
faithful  disbursements  of  all  moneys  so  collected  or  received  by  him.     After 
the  principal  and  interest  of  such  bonds   shall  have  been  fully  paid,  and  all 
obligations  for  which  such  fund  and  taxes  were  raised  have  been  discharged, 
the    county    clerk,    upon    the    order    of    the    county    board,    shall    notify 
the  county  treasurer  to  transfer  all  such  funds  remaining  in  his  hands  to  the 
credit  of  the  district  to  which  they  belong. 

463  Sec.  99.     Cancellation    of    bonds — fees    of    county     treasurer. — 
When  any  registered  bond  shall  mature,  the  same  shall  be  paid  off  by  the 
treasurer,  at  the  place  where  the  same  shall  be  payable,  out  of  any  money  in 
his  hands  or  under  his  control  for  that  purpose,  and  when  so  paid  the  same 


128  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  A  BARTLETT  CO..  OMAHA. 

shall  be  endorsed  by  the  treasurer  on  the  face  thereof,  "Cancelled,"  together 
with  the  date  of  such  payment;  and  thereupon  be  filed  with  the  clerk,  who  shall 
enter  satisfaction  of  such  bonds  upon  the  records  of  such  school  district.  In 
case  such  bonds  are  payable  out -of  the  state,  an  allowance  of  one-fourth  of  one 
per  cent  shall  be  made  to  the  treasurer  for  the  expense  attendant  in  making 
such  payment  to  be  deducted  from  any  money  in  his  hands  remaining  after 
payment  of  such  matured  bonds. 

464  Sec.  100.    When  school  bonds  may  be  refunded. — Any  school  dis- 
trict in  the  state  of  Nebraska  which  has  heretofore  voted, and  issued  bonds  to 
build,  or  to  furnish  a  schoolhouse,  or  for  any  other  purpose,  and  which  bonds, 
or  any  part  thereof,  still  remain  unpaid,  and  remain  and  are  a  legal  liability 
against  such  district  ,  and  bearing  interest,  is  hereby  authorized  to  issue  cou- 
pon bonds  at  a  rate  of  interest  not  exceeding  six  per  centum  per  annum,  to  be 
substituted  in  place  of,  and  exchanged  for  such  bonds  heretofore  issued,  when- 
ever such  school  district  can  effect  such  substitution  and  exchange  at  a  rate  of 
not  to  exceed  dollar  for  dollar.     Provided,  That   all  bonds  issued  under  the 
provisions  of  this  act  must,  on  their  face,  contain  a  clause  that  the  district 
issuing  such  bonds  shall  have  the  right  to  redeem  such  bonds  at  the  expiration 
of  five  years  from  the  date  of  the  issuance  thereof. 

465  Sec.  101.    Recitals  in  new  bonds. — The  new  bond  so  issued   shall 
have  recited  therein  the  object  of  its  issue,  the  section  of  the  law    under 
which  the  issue  was  made,  stating  the  issue  to  be  in  pursuance  thereof,  and 
shall  also  state  the  number,  date,  and  amount  of  the  bond  or  bonds  for  which 
it  is  substituted,  and  such  new  bond  shall  not  be  delivered  until  the  surrender 
of  the  bond  or  bonds  so  designated. 

466  Sec.  102.     How  issued  and    paid. — The    new     bonds     as    issued 
shall  not  require  a  vote  of  the  people  to  authorize  such  issue,  and  they 
shall  be  paid,  and  the  levy  made  and  tax  collected  for  their  payment  in 
accordance  with  laws  now  governing  the  said  bonds  heretofore  issued. 

467  Sec.  103.     High    school    redemption     bonds. — Any     school      dis- 
trict in  any  city  of  the  first  class  in  this  state  be  and  is  hereby   authorized 
and  empowered  to  issue  its  coupon  bonds  of  such  demoninations  as  the  board 
of  education  of  such  school  district  may  deem  best,  and  in  an  amount  equal 
to  the  amount  outstanding  and  unpaid  of  bonds  bearing  interest  at  the  rate 
of  ten  per  cent  per  annum,  heretofore  issued  for  the  purpose  of  erecting  a 
high  school  building  by  such  school  district,  or  by  any  school  organization  or 
board  of  regents  which  shall  have  been  superseded  by  such  school  district. 

468  Sec.  104.     Conditions — description. — Any  bonds  issued  under  the 
provisions  of  this  act  shall    be    for   the   payment,    by   the   school    district 
issuing  the  same,  of  the  sum  specified  therein,  made  payable  in  the  city  of 
New  York,  in  not  more  than  twenty  years  nor  less  than  five  years  from  the 
time  they  are  issued,  with  interest  at  a  rate  not  exceeding  seven  per  cent  per 
annum,  payable  semi-annually;  said  bonds  and  coupons  shall  be  required 
[signedl  by  the  president  of  the  board  of  education  and  countersigned  by  its 
secretary;  Provided,  That  such  bonds  may  be  made  redeemable  at  any  time 
after  five  years,  at  the  option  of  the  board  of  education 

469  Sec.  105.     Disposition  and  avails  of  bonds. — It  shall  be  the  duty 
of  the  board  of  education  of  any  school  district  issuing  bonds    under  the 


THE  NEBRASKA  SCHOOL  LAWS  129 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

provisions  of  the  two  next  preceding  sections  to  negotiate  such  bonds,  but 
for  no  less  than  the  par  value  thereof,  and  all  the  proceeds  arising  from  the 
sale  thereof  shall  be  paid  to  the  treasurer  of  the  board  of  education,  and  shall  be 
applied  solely  to  the  redemption  and  purchase  of  the  bonds  heretofore  issued 
by  such  school  district,  or  school  organization  superseded  by  it,  for  the  pur^ 
pose  of  erecting  a  high  school  building,  and  bearing  interest  at  the  rate 
of  ten  per  cent  per  annum;  Provided,  none  of  the  said  bonds  heretofore  issued 
shall  be  redeemed  or  purchased  for  more  than  the  face  value  thereof. 

470  Sec.  106.  How  issued  and  paid. — The  bonds  issued  under  the 
provisions  of  the  three  next  preceding  sections  shall  not  require  a  vote  of  the 
people  to  authorize  their  issue,  and  they  shall  be  paid,  and  taxes  shall  be  levied 
and  collected  for  their  payment  in  the  same  manner  as  is  now  provided  by  law 
for  the.  payment  of  bonds,  heretofore  issued  by  such  school  districts. 


130  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.,  OMAHA. 


Chapter  68. 

ARTICLE  XVII. 

WARRANTS. 

6642  Sec.  354.     Warrants  paid  in  order  of  presentation. — All  warrants 
upon  the  state  treasurer,  the  treasurer  of  any  county,  city  school  district,  or 
other  municipal  corporation  shall  be  paid  in  the  order  of  their  presentation 
therefor. 

If  there  is  no  money  on  hand  with  which  to  pay  warrants  when  presented,  the  war- 
Tants  shall  be  registered  in  the  order  of  their  presentation,  and  as  soon  as  there  are  funds  in 
the  hands  of  the  district  treasurer  it  becomes  his  duty  to  notify  the  holder  of  the  registered 
warrants  and  to  pay  them  in  the  order  of  their  registration,  regardless  of  when  the  tax  was  levied. 

It  has  been  held  by  the  supreme  court  of  Nebraska  that  the  statute  of  limitations  runs, 
for  or  against  school  districts  the  same  as  for  or  against  individuals.  22  Neb.,  205. 

Where  school  districts,  having  registered  warrants  outstanding,  consolidate  into  one 
district,  said  warrants  should  be  paid  in  the  order  of  their  registration,  as  shown  by  the  date 
of  the  endorsement  thereon,  without  regard  to  which  of  the  original  districts  issued  the  war- 
rants. 

School  districts  have  no  powers  except  those  conferred  by  statute  or  necessarily  im- 
plied therefrom.  Their  ability  to  pay  debts  is  restricted  by  laws  authorizing  them  to  levy 
taxes,  within  fixed  limits  only,  and  by  the  funds  arising  from  such  levies,  from  fines  and  from 
other  lawful  sources.  For  the  current  expenses  of  running  their  schools  they  cannot  incur 
indebtedness  greater  in  amount  than  their  revenue  from  all  sources,  and  where  a  contract  for 
such  expenses  provides  for  payment  of  a  sum  in  excess  thereof  it  is,  to  that  extent,  void.  It 
does  not  follow,  however,  that  taxes  must  actually  be  paid  into  the  treasury  before  they  can 
be  made  a  basis  for  incurring  debts.  The  supreme  court  has  recently  said:  "Taxes  levied 
at  the  annual  school  meeting  held  just  prior  to  the  commencement  of  the  school  year  consti- 
tute a  fund  against  which  warrants  may  be  drawn."  Zimmerman  vs.  State,  83  N.  W.,  919. 

6643  Sec.  355.     Warrant  register. — The  treasurer  of  this  state,   and 
the  treasurer  of  every  county,  city,  school  district,  or  other  municipal  cor- 
poration, shall  keep  a  warrant  register,  which  register  shall  show,  in  columns 
arranged  for  that  purpose,  the  number,  date,  and  amount  of  each  warrant 
presented  and  registered,  as  hereinafter  provided,  the  particular  fund  upon 
which  the  same  is  drawn,  the  date  of  presentation,  the  name  and  address  of 
the  person  in  whose  name  the  same  is  registered,  the  date  of  payment,  the 
amount  of  interest  and  the  total  amount  paid  thereon,  with  the  date  when 
notice  to  the  person  in  whose  name  such  warrant  is  registered,  is  mailed  as 
hereinafter  provided. 

6644  Sec.  356.     How   warrants   are  to  be  registered. — Whenever    a 
warrant  is  presented  for  payment  to  any  such  treasurer  and  there  are   not 
sufficient  moneys  on  hand  to  the  credit  of  the  proper  fund  to  pay  the  same,  it 
shall  be  the  duty  of  every  such  treasurer  to  enter  such  warrant  in  his  warrant 
register  for  payment  in  the  order  of  its  presentation,  and  upon  every   war- 
rant so  presented  and  registered  he  shall  indorse,  "registered  for  payment," 
with  the  date  of  registration,  and  shall  sign  such   indorsement:     Provided, 
however,  whenever   the  state  treasurer  is  authorized  by  the  board  of  educa- 
tional lands  and  funds  to  invest  the  educational  trust  funds  of    the  state  in 


THE  NEBRASKA  SCHOOL  LAWS  131 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

state  warrants,  he  shall  have  the  right  and  it  is  made  his  duty  to  pay  the 
owner  or  holder  of  any  state  warrant  legally  drawn  upon  its  presentation  and 
surrender  the  amount  thereof  from  the  moneys  under  his  control  belonging 
to  such  trust  funds,  unless  there  be  sufficient  money  on  hand  belonging  to 
the  fund  upon  which  such  warrant  is  drawn  out  of  which  to  pay  the  same. 
When  any  such  warrant  or  warrants  are  taken  up  by  the  treasurer  as  afore- 
said, he  shall  register  the  same  and  they  shall  be  taken  and  considered  in  all 
respects  as  warrants  purchased  by  the  treasurer  with  and  for  the  use  and 
benefit  of  the  trust  fund,  and  the  same  shall  draw  interest  at  the  rate  now 
provided  by  law  for  registered  state  warrants  until  such  time  as  there  shall 
be  sufficient  moneys  in  the  treasury  to  the  credit  of  the  fund  against  which 
the  warrant  or  warrants  are  drawn  to  pay  the  same.  If  the  treasurer  is 
unable  to  pay  for  any  such  warrants  the  full  amount  thereof  when  presented 
to  him,  either  from  want  of  moneys  to  the  credit  of  the  funds  against  which 
such  warrants  are  drawn,  or  because  not  authorized  by  the  board  of  educa- 
tional lands  and  funds  to  invest  such  trust  funds  in  state  warrants,  or  beacuse 
there  are  not  sufficient  moneys  in  such  trust  funds  to  pay  the  same,  then  the 
owner  or  holder  of  the  warrants  shall  be  entitled  to  have  same  registered,  and 
not  otherwise. 

6645  Sec.  357.  Duty  of  treasurer. — It  shall  be  the  duty  of  every 
such  treasurer  to  put  aside  in  a  separate  and  sealed  package,  the  money 
for  the  payment  of  each  registered  warrant,  in  the  order  of  its  registration, 
as  soon  as  money  sufficient  for  the  payment  of  such  warrant  is  received 
to  the  credit  of  the  particular  fund  upon  which  the  same  is  drawn.  Such 
package  shall  be  endorsed  with  the  number  and  description  of  such  warrant, 
and  the  name  and  address  of  the  person  in  whose  name  the  same  is  regis- 
tered, and  interest  upon  such  warrant  shall  thereupon  cease,  and  such  treas- 
urer shall  by  mail  immediately  notify  the  person  in  whose  name  the  same  is 
registered,  and  shall  endorse  the  date  of  the  mailing  of  such  notice  upon 
such  sealed  package. 

6648  Sec.  360.     Receipts  by  city  treasurer. — The  treasurer  of    every 
city  or  incorporated  town,  shall  make  duplicate  receipts  for  all  sums  which 
shall  be  paid  into  his  office,  which  receipts  shall  show  the  source  from  which 
such  funds  are  derived,  and  shall  by  distinct  lines  and  columns  show  the 
amount  received  to  the  credit  of  each  separate  fund,  and  whether  the  same 
was  paid  in  cash,  in  warrants,  or  otherwise;  one  of  which  duplicates  the  treas- 
urer shall  deliver  to  the  person  making  such  payment,  and  the  duplicate 
thereof  he  shall  retain  in  his  office. 

6649  Sec.  361.     How   treasurer  to   keep   books. — Every  such    treas- 
urer shall  daily,  as  moneys  are  received,  foot  the  several  columns    of  his 
cash  book,  and  of  his  register,  and  carry  the  amounts  forward,  and     at 
the  close  of  each  year,  in  case  the  amount  of  money  received  by  such  treasurer 
is  insufficient  to  pay  the  warrants  registered,  he  shall  close  the  account  for 
that  year  in  such  register,,  and  shall  carry  forward  the  excess. 

6650  Sec.  362.     Penalty    for    neglect  of    duty. — Any    such    treasurer 
who  shall  fail  regularly  to  enter  upon  his  cash  book  the  amounts    so  re- 
ceived and  receipted  for,  or,  who  shall  fail  to  keep  his  cash   book  footed 
from  day  to  day,  as  required  by  this  article,  for  the  space  of  three  days,  shall 
forfeit  for  each  offense  the  sum  of  one  hundred  dollars,  to  be  recovered  in  a 


132  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

civil  action  on  his  official  bond  by  any  person  holding  a  warrant  drawn  on 
such  treasurer,  one-half  to  the  person  bringing  such  action,  and  one-half  to 
the  school  fund  of  the  county  in  which  such  action  is  brought. 

6651  Sec.  363.     Inspection  of  books. — The  cash  book,  register,    and 
retained  receipts  of  every  such  treasurer,  shall  at  all  times  be  open  to  the 
inspection  of  any  person  in  whose  name  any  warrants  are  registered  and 
unpaid. 

6652  Sec.  364.     Failure     to     notify — penalty. — Any     treasurer      who 
shall  for  the  period  of  five  days  after  moneys  in  amount  sufficient  to  pay  any 
registered  warrant  in  its  order  have  been  received,  fail  to  mail  notice  thereof 
to  the  person  registering  such  warrant,  shall  forfeit  to  such  person  ten  per 
cent  on  the  amount  of  such  warrant,  and  ten  per  cent  additional  for  every 
thirty  days  thereafter  during  which  such  failure  shall  continue. 

6653  Sec.  365.     Failure    to    register    or     pay — penalty. — Any     such 
treasurer,  who  shall  fail  to  register  any  warrant,  in  the  order  of  its  presenta- 
tion therefor,  or  shall  fail  to  pay  the  same  in  the  order  of  its  registration, 
shall  be  liable  on  his  official  bond  to  each  and  every  person,  the  payment  of 
whose  warrant  or  warrants  is  thereby  postponed,  in  the  sum  of  five  hundred 
dollars,  to  be  recovered  in  a  civil  action,  one-half  of  which  shall  go  to  the 
person  bringing  such  action,  and  one-half  to  the  school  fund  of  the  county  in 
which  such  action  is  brought. 

6654  Sec.  366.     Duplicate   for   lost   warrant. — Whenever    it   shall   be 
made  to  appear  to  the  satisfaction  of  any  officer,  authorized  by  law  to  issue 
warrants,  that  any  warrant  issued  by  him  has  been  lost  and  destroyed,  such 
officer  shall  have  authority  to  issue  a  duplicate  thereof,  numbered  the  same 
as  the  original,  with  the  word  "duplicate"  wiitten  or  printed  in  red  ink 
across  the  face  thereof;  Provided,  That  no  such  duplicate  warrant  shall  be 
issued  until  the  party  applying  for  the  same  shall  make  affidavit  that  he 
was  the  owner  of  the  original  warrant,  and  shall  also  file  with  such  officer  an 
indemnity  bond  with  good  and  sufficient  security  conditioned  to  refund  any 
money  by  him  or  his  assigns  received  on  such  duplicate  in  case  of  presenta- 
tion and  payment  of  the  original  by  the  treasurer  upon  whom  the  same  is 
drawn,  whether  upon  a  genuine  endorsement  thereon  or  otherwise. 


ARTICLE  XVIII. 

INVESTMENT  OF  PUBLIC  FUNDS. 

6670  Sec.  382.  Sinking  funds — investments  in  warrants. — When  any 
warrant  issued  by  the  proper  authorities  of  any  county,  township,  city,  town, 
or  school  district  shall  have  been  presented  for  payment  and  the  same  is  not 
paid  for  want  of  funds,  it  shall  be  lawful  for,  and  is  hereby  made  the  duty  of 
such  treasurer  upon  and  under  the  direction  of  the  county  board  of  such 
county,  to  purchase  and  take  up  such  registered  warrants  with  sinking 


THE  NEBRASKA  SCHOOL  LAWS  133 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

funds  in  his  hands  and  to  hold  such  warrants  for  the  benefit  of  the  fund  so 
invested,  until  the  same  is  paid  in  its  order  as  provided  by  law. 

6671  Sec.  383.     Same — county    board. — The    county    board    of     any 
county  in  this  state  is  hereby  authorized  to  provide  for  the  purchase  and  tak- 
ing up  of  registered  warrants,  as  provided  for  in  the  next  preceding  Section, 
out  of  the  sinking  funds  in  the  hands  of  the  county  treasurer,    whenever 
in  the  judgment  of  such  county  board  the  same  shall  be  safe   and  expedi- 
ent.      Before  so  investing  any  sinking  funds  the  county  board    shall   fix 
and  prescribe,  and  enter  of  record  general  directions  and  authority  to  such 
county  treasurer,  as  to  the  funds  to  be  so  invested,  specifying  the  funds  to 
be  so  invested,  the  kind  and  amount  of  warrants  to  be  so  invested  in,  and  in 
so  doing  shall,  as  far  as  the  same  may  be  practicable,  continue  to  invest  the 
sinking  fund  which  shall  last    become   due    and    payable;   Provided,      not 
more  than  fifty  per  cent  of  the  money  so  collected  on  any  given  sinking  fund 
shall  be  so  invested  in  warrants  at   any   given    time,    and  provided    further, 
when  practicable  the  warrants  drawn  by  any  given  authority  shall  be  pro- 
vided for  as  above  from  the  sinking  funds  belonging  to  the  organization 
issuing  such  warrant,  and  of  such  provisions  the  county  board  shall  give  the 
treasurer  notice. 

6672  Sec.  384.     Same — cities. — The  city  council  of  any   incorporated 
city  of  this  state  may  make  similar  provision  for  the  taking  up  of    war- 
rants out  of  the  sinking  funds  in  the  hands  of  the  city  treasurer  of  such  city, 
provided,    the    warrants    to    be    so    purchased  shall  be  limited  to  those  of 
its  own  issue,  or  to  those  of  any  school  district  situated  mainly  or  wholly 
within  the  boundaries  of  such  city,  and  upon  notice  given  of  such  direction, 
it  shall  be  the  duty  of  such  treasurer  to  so  take  up  such  warrants. 

6673  Sec.  385.     Same — school   districts. — The   school   board   of    any 
school  district  in  this  state  is  hereby  authorized  to  direct  the  legal  custodian 
of  any  of  its  sinking  funds,  to  invest  such  sinking  funds  in  the  warrants  of 
such  school  district,  in  like  manner  as  hereinbefore  provided  for,  provided, 
that  the  investment  of  such  school  district  sinking  fund  under  this  section 
shall  be  limited  to  the  warrants  of  its  own  issue,   and   upon  such  direction  of 
the  school  board,  the  custodian  of  such  sinking  funds  shall  preceed  to  take  up 
the  warrants  of  such  school  district  as  herein  provided  for. 


134  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO..  OMAHA. 


Chapter  32, 


INTEREST. 


3355  Sec.  10.  Interest  on  warrants  and  bonds. — All  warrants  or 
orders  issued  by  the  proper  authorities  of  any  county,  city,  township, 
school  district,  or  other  municipal  subdivision  less  than  a  county,  ex- 
cept school  districts  in  metropolitan  cities  and  cities  of  the  first  class,  shall 
draw  interest  from  and  after  the  date  of  presentation  for  payment  at  the 
rate  of  seven  per  cent  per  annum.  All  warrants  or  orders  hereinafter  issued 
by  the  proper  authority  of  any  school  district  within  the  corporate  limits  of  a 
metropolitan  city  or  a  city  of  the  first  class  shall  draw  interest  from  and  after 
the  date  of  presentation  for  payment  at  the  rate  of  five  per  cent  per  annum. 
All  warrants  hereinafter  issued  by  the  proper  authorities  of  this  state  shall 
draw  interest  at  the  rate  of  four  per  cent  per  annum  from  the  date  the  same 
are  presented  for  payment.  No  bonds  hereinafter  issued  by  any  county, 
city,  township,  precinct  or  school  district  shall  draw  interest  at  a  rate  exceed- 
ing six  per  cent  per  annum. 


Miscellaneous. 


EXCEPTIONS  FROM  OPERATION  OF  PRIMARY  ELECTION. 

Senate  File  No.  134. 

2138  Sec.  200.  This  article  shall  not  apply  to  special  elections 
to  fill  vacancies,  nor  to  municipal  elections  in  cities  having  less 
than  twenty-five  thousand  population,  village,  precinct,  town- 
ship and  school  district  officers,  members  of  the  board  of  super- 
visors in  counties  under  township  organization,  having  super- 
visors from  each  ward  and  township,  nor  to  members  of  school 
boards  nor  members  of  boards  of  education: 

701 1  Sec.  312.  Board  of  education — election. — Provided,  that 
members  of  boards  of  education  in  metropolitan  cities  shall  be 
nominated  as  provided  in  section  2140  of  Revised  statutes  1913, 
providing  for  nomination  by  petition. — Emergency. 

BUSINESS  COLLEGES. 

Senate  File  No.  124. 

Section  1.  It  shall  be  unlawful  for  any  proprietor,  officer, 
agent  or  representative  of  any  business  college,  or  the  business 
or  commercial  department  of  any  school  doing  business  within 
the  state  of  Nebraska,  or  without  the  state  when  operating  or 
soliciting  within  the  state,  to  contract  for  or  receive  for  tuition 
or  scholarship  a  negotiable  note  or  negotiable  contract,  except 
the  said  negotiable  note  or  notes  or  negotiable  contract  shall 


THE  NEBRASKA  SCHOOL  LAWS  135 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

have  written  or  printed  prominently  and  legibly  and  in  bold 
type  across  the  face  thereof  and  above  the  signatures  thereto,  the 
words  "NEGOTIABLE  NOTE  GIVEN  FOR  TUITION"  if  a  note,  or 
the  words  "NEGOTIABLE  CONTRACT  NOTE  GIVEN  FOR 
TUITION  AND  SCHOLARSHIP,"  if  a  contract,  and  unless  a'eopy 
of  said  instrument  shall  be  delivered  to  the  makers  thereof  at 
the'time  of  signing  the  same.  And  it  shall  be  unlawful  for  any 
suchjproprietor,  agent,  or  representative  of  any  such  school  or 
department  to  sell  or  dispose  of  any  such  negotiable  note  or 
negotiable  contract  note  received  in  payment  for  tuition  or 
scholarship  prior  to  three  days  from  the  entrance  and  personal 
registration  of  the  student,  for  whom  the  same  was  purchased, 
in  the  matriculation  register  at  the  place  of  the  location  of  the 
school  or  department. 

Sec.  2.  Any  person  who  shall  violate  any  of  the  provisions  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  for  each  and  every  offense  by  a 
fine  of  not  less  than  one  hundred  dollars  ($100)  and  not  more  than 
five  hundred  dollars  ($500)  or  by  imprisonment  in  the  county  jail 
not  to  exceed  sixty  (60)  days,  or  by  both  such  fine  and  imprison- 
ment. 

Sec.  3.  Any  note  or  contract  taken  by  any  business  college, 
or  the  business  or  commercial  department  or  any  other  school 
or  by  their  agents  or  representatives,  for  tuition  or  scholarships, 
without  first  having  complied  with  all  the  provisions  of  this  act 
shall  be  void. 

DIXON  AND  ALT  SURVEY. 

House  Roll  No.  258. 

Section  1.  That  the  state  of  Nebraska  hereby  adopts  the 
Dixon  and  Alt  survey  of  the  school  lands  included  in  the  survey 
made  in  accordance  with  the  special  act  of  congress  entitled 
*'An  Act  providing  for  the  re-survey  of  Grant  and  Hooker  counties 
in  the  State  of  Nebraska"  approved  August  9,  1894,  as  the  true 
and  correct  survey  of  the  school  lands  belonging  to  the  state  of 
Nebraska  included  in  said  survey,  and  hereby  adopts  the  lines, 
corners  and  monuments  made  under  the  above  special  act  of 
congress  for  Grant  and  Hooker  counties,  Nebraska,  as  the  true, 
correct  and  legal  boundary  lines  of  the  school  lands  included  in 
said  survey. — Emergency. 

RECOVERY  UPON  FORFEITED  RECOGNIZANCE. 

House  Roll  No.  410. 

9016  Sec.  441.  Whenever  such  recognizance  shall  have  been 
forfeited  as  aforesaid,  it  shall  be  the  duty  of  the  county  attorney 
of  the  county  in  which  the  recognizance  was  taken  to  prosecute 
the  same  by  civil  action  for  the  penalty  thereof;  and  such  action 
shall  be  governed  by  the  provisions  of  the  code  of  civil  procedure, 
so  far  as  the  same  may  be  applicable:  Provided,  that  the  attorneys 


136  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  &  BARTLETT  CO.,  OMAHA. 

for  boards  of  education  shall  have  the  authority  of  special  deputy 
county,  attorneys  to  prosecute  such  forfeited  recognizances,  and 
it  shall  be  the  duty  of  the  attorneys  for  such  boards  of  education, 
by  and  under  the  direction  of  such  board,  to  prosecute  such 
forfeited  recognizances  to  final  termination  and  said  board  of 
education  is  authorized  to  defray  the  necessary  expenses  incident 
to  the  carrying  out  of  this  proviso. 

FIEE  ESCAPES  OR  TOBOGGANS. 

House  Roll  No.  362. 

3612A  Sec.  62a.  Every  building  now  or  hereafter  used,  in 
whole  or  in  part,  as  a  public  building,  public  or  private  institu- 
tion, office  or  store  building,  theatre,  public  hall,  place  of  assem- 
blage or  place  of  public  resort,  more  than  two  stories  high  and 
containing  above  the  ground  floor,  offices,  assembling  hall,  work 
rooms  or  a  room  intended  to  be  used  as  a  place  of  amusement, 
all  or  any  of  which  rooms  are  designed  for  occupancy  by  fifteen  or 
more  persons,  shall  be  provided  with  one  or  more  fire-proof  stair- 
ways, chutes  or  toboggans  constructed  on  the  outside  thereof 
placed  in  such  position  and  as  many  in  number  as  may  be 
designated  by  the  commissioner  of  labor,  or  his  deputy  com- 
missioner of  labor.  All  school  houses  and  buildings  used  for  school 
purposes  of  two  stories  or  more  in  height  shall  be  equipped 
as  provided  in  the  preceding  sentence  of  this  act.  Such  fireproof 
stairway,  chutes  or  toboggans  shall  connect  the  cornice  with  the 
top  of  the  first  story  of  such  building  by  a  wrought  iron  or  steel 
platform,  properly  surrounded  with  a  wrought  iron  or  steel  rail- 
ing; said  platform  to  be  constructed  on  a  level  with  the  floor  of 
each  story  so  connected,  and  of  sufficient  length  to  permit  access 
to  the  same  from  not  less  than  two  windows  of  each  story;  said 
platform  shall  be  so  constructed  as  to  be  of  convenient  access  from 
the  interior  of  the  building,  commodious  in  size  and  form  and  of 
sufficient  strength  to  be  safe  for  the  purpose  of  ascent  and  descent: 
Provided,  however,  all  buildings  more  than  two  stories  in  height 
used  for  manufacturing  purposes,  mercantile  establishments, 
schools,  seminaries,  hospitals,  asylums  or  other  institutions, 
where  twenty-five  or  more  persons  congregate  at  any  one  time, 
there  shall  be  placed  one  automatic  metallic  fire  escape  or  device 
for  every  twenty-five  persons,  for  which  working  accommoda- 
tions are  provided  above  the  second  floor  of  said  building — 
material,  design  and  location  of  such  escapes  to  be  subject  to  the 
approval  of  the  deputy  commissioner  of  labor:  Provided,  all 
theatres,  moving  picture  galleries  and  other  places  of  amuse- 
ment, school  houses  and  buildings  used  for  school  purposes  shall 
have  proper  exits,  opening  outwardly,  which  shall  be  not  less  than 
three  feet  wide  by  six  feet  six  inches  high.  AH  operating  booths 
for  apparatus  involving  the  use  of  a  combustible  film  more  than 
ten  inches  in  length  shall  be  constructed  of  galvanized  iron  or 
other  metal;  lined  with  asbestos  and  otherwise  constructed 


THE  NEBRASKA  SCHOOL  LAWS  137 

COMPILED  BY  KLOPP  A  BARTLETT  CO..  OMAHA. 

according  to  regulations  of  the  commissioner  of  labor.  The 
deputy  commissioner  of  labor  or  any  person  deputized  by  him 
shall  have  authority  to  inspect  all  such  theaters,  moving  picture 
galleries  or  other  places  of  amusement  and  prescribe  regulations 
for  the  construction  and  operation  of  the  same. 

5818  Sec.  24.     Children     in     poor    house — education. — When    child- 
ren of  school  age  and  of  sound  mind  shall  be  confined  in  any  poor  house  of 
this  state  it  shall  be  the  duty  of  the  county  board,  to  make  arrangements  with 
the  officers  of  the  school  district  wherein  such  poor  house  is  located,  or  with 
some  school  district  adjacent,  to  have  the  children  so  chargeable  to  the  county 
att3nd  school  at  such  time  and  place,  and  to  have  and  receive  such  text-books 
and  instruction  as  shall  be  provided  for  other  children  attending  in  such 
school  district  or  districts. 

5819  Sec.  25.     Payment  of  expenses. — It  shall  be  the  duty  of  the 
county  board  upon  the  report  of  the  officers  of  the  school  district  wherein 
arrangements  have  been  made  for  the  education  of  the  children  confined  in 
the  poor  house,  to  draw  a  warrant  on  the  general  fund  of  the  county,  payable 
to  the  treasurer  of    such   school   district;    Provided,  however,    the    county 
shall  not  be  liable  for  more  than  its  proportionate  share  of  the  expenses  for 
text-books,  fuel,  and  teachers'  wages. 


STATE  HOLIDAYS  AND  OTHER  DAYS  RECOMMENDED  FOR 
"FLAG  DAY"  OBSERVANCE. 

The  following  days,  viz: 

1.  The  first  day  of  January,  known  as  New  Year's  Day; 

2.  The  twenty-second  day  of  February,  known  as  Washington's  birth- 
day; 

3.  The  twenty-second  day  of  April,  known  as  "Arbor  Day"; 

4.  The  thirtieth  day  of  May,  known  as  Decoration  or  Memorial  Day; 

5.  The  fourth  day  of  July,  known  as  Independence  Day; 

6.  The  first  Monday  in  September,  known  as  Labor  Day; 

7.  The  twelfth  day  of  October,  known  as  "Columbus  Day"; 

8.  The  twenty-fifth  day  of  December,  known  as-  Christmas  Day; 

9.  Any  day  appointed  and  recommended  by  the  governor  of  this  state 
or  the  president  of  the  United  States  as  a  day  of  fast  or  thanksgiving;  and 

10.  Any  day  which  may  hereafter  be  made  a  legal  holiday,  shall  for 
the  purposes  of  this  act,  be  holidays;  but  if  said  days  herein  be  the  first  day 
of  the  week  known  as  Sunday  the  next  succeeding  secular  or  business  day  shall 
be  a  holiday. 

11.  The  state    superintendent  of  public  instruction  also  recommends 
the  following  days  as  "Flag  Days" :  February  12,  Lincoln's  birthday;  March  1, 
Nebraska's. admission  to  the  Union  as  a  State;  April  15,  Death  of  Lincoln 
(half  mast) ;  April  19,  Inauguration  of  the  first  president  of  the  United  States; 
October  19,  Surrender  of  Cornwallis;  and  December  20,  the  landing  of  the 
Pilgrims. 

As  far  as  practicable  we  trust  the  above  named  days  will  be  observed  in 


138  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  A  BARTLETT  CO..  OMAHA. 

the  respective  schools  of  the  state  by  appropriate  exercises  and  instruction 
of  the  character  especially  suitable  for  the  respective  occasions. 

See  the  decisions  following  Section  74,  article  4,  with   reference   to   closing  schools  on 
holidays 

CHILD  LABOR  LAW. 

AN  ACT  to  regulate  the  employment  and  use  of  child  labor,  to  provide 
for  the  enforcement  of  its  provisions,  and  a  penalty  for  its  violation. 
(Sections  26  to  37  omitted.) 

3575  Sec.  25.  Child  under  fourteen  not  to  work. — No  child  under 
fourteen  years  of  age  shall  be  employed,  permitted  or  suffered  to  work 
in,  or  in  connection  with,  any  theatre,  concert  hall,  or  place  of  amusement,  or 
any  place  where  intoxicating  liquors  are  sold,  or  in  any  merchantile  insti- 
tution, store,  office,  hotel,  laundry,  manufacturing  establishment,  bowling 
alley,  passenger  or  freight  elevator,  factory  or  workshop,  or  as  a  messenger 
or  driver  therefor,  within  this  state.  It  shall  be  unlawful  for  any  person, 
firm  or  corporation  to  employ  any  child  under  fourteen  years  of  age  in  any 
business  or  service  whatever  during  the  hours  when  the  public  schools  of 
the  town,  township,  village  or  city  in  which  the  child  resides  are  in  session. 


THE  NEBRASKA  SCHOOL  LAWS  139 

COMPILED  BY  KLOPP  ft  BART1.ETT  CO..  OMAHA. 


Criminal  Code — Chapter 9. 


ARTICLE  III. 

TOBACCO   AND   CIGARETTES. 


SECTION 

8846.  Minors  smoking  tobacco. 

8847.  Sale  of  tobacco  to  minors  under  18. 


SECTION 

8848.     Cigarette  material  prohibited. 


8846  Sec.  271.      Minors  smoking  tobacco — Whoever,  being  a  minor 
under  the  age  of  eighteen  years,  shall  smoke  cigarettes,  cigars  or  use  tobacco 
in  any  form  whatever,  in  this  state,  shall  be  fined  in  any  sum  not  exceeeding 
ten  dollars;  Provided,  any  minor  so  charged  with  the  violation  of  this  section 
may  be  free  from  prosecution  when  he  shall  have  furnished  evidence  for 
the  conviction  of  the  person  or  persons  selling  or  giving  him  the  cigarettes, 
cigars,  or  tobacco. 

8847  Sec.  272.      Sale  of  tobacco  to  minors  under  eighteen. — Whoever 
shall  sell,  give  or  furnish,  in  any  way  any  tobacco  in  any  form  whatever,  or 
any  cigarettes  or  cigarette  paper,  to  any  minor  under  eighteen  years  of  age, 
shall  be  fined,  for  each  offense,  not  less  than  twenty  dollars  nor  more  than 
fifty  dollars  or  be  imprisoned  for  not  less  than  ten  nor  more  than  thirty  days. 

8848  Sec  273.      Cigarette  material  prohibited. — Whoever  shall  manu- 
facture, sell,  give  away  or  willingly  allow  to  be  taken,  within  this  state,  any 
cigarettes   or   material   for   their   composition,   known   as   cigarette   paper, 
shall  be  fined  for  each  offense  not  less  than  fifty  nor  more  than  one  hundred 
dollars,  and  any  officer,  director  or  manager  having  in  charge  or  control, 
either  separately  or  jointly  with  others,  the  business  of  any  corporation  which 
violates  the  provisions  of  this  section,  if  he  have  knowledge  of  the -same, 
shall  be  subject  to  the  penalty  herein  provided. 


140  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO.,  OMAHA. 


REGULATIONS  FOR  THE  QUARANTINE,  CARE  AND  DISINFECTION 
OF  CONTAGIOUS  DISEASES. 

(Excerpts  From  Rules  Adopted  by  the  Nebraska  State  Board  of  Health.) 

Contagious  diseases. — It  shall  be  the  duty  of  every  physician  residing  or 
practising  within  the  limits  of  any  city,  town  or  township  who  suspects  an 
illness  to  be  Asiatic  cholera,  yellow  fever,  smallpox  (or  varioloid),  diphtheria 
(membranous  croup),  scarlet  fever  (scarlet  rash  or  scarlatina),  measles, 
typhus  fever,  ophthalmia  neonatorum,  typhoid  fever,  cerebro  spinal  menin- 
gitis, leprosy,  whooping  cough,  chichenpox,  tuberculosis,  puerperal  fever,  or 
any  other  disease  contagious  or  dangerous  to  public  health,  to  immediately 
isolate  the  patient,  and  within  twenty-four  hours  after  he  ascertains  the 
illness  to  be  of  such  disease  named  herein,  he  shall  notify,  by  the  most  expe- 
dient method,  the  local  board  of  health,  of  all  the  facts  known  to  him,  such 
notice  to  be  followed  by  the  filing  of  a  notice  in  writing  with  the  local  board 
of  health,  giving  the  name  of  the  patient,  location,  disease,  source  or  cause. 
In  all  cases  where  no  physician  is  in  attendance,  it  shall  be  the  duty  of  any 
person,  having  charge  of,  or  being  the  head  of  any  family,  or  having  the  care 
or  custody  of  any  lodging-rooms,  to  give  notice  in  like  manner  as  is  required 
of  physicians. 

Every  school  teacher  or  school  officer  who  discovers,  suspects,  or  has 
knowledge  of  a  case  of  any  of  the  diseases  named  herein  shall  immediately 
report  the  same  to  the  local  board  of  health;  providing,  in  all  the  above  where 
such  local  board  of  health  is  not  organized,  then  such  report  shall  be  made  to 
the  state  board  of  health  in  the  manner  hereinbefore  prescribed. 

Duty  of  local  board  of  health. — It  shall  be  the  duty  of  the  local  board  of 
health,  upon  receipt  of  a  notice  of  the  existence  of  a  case  of  any  of  the  dis- 
eases named  in  Rule  1,  to  forthwith  quarantine  the  premises,  by  giving  per- 
sonal or  written  notice  of  such  quarantine  to  the  occupants  thereof  and  con- 
spicuously placing  a  Danger  Card  thereon;  and  take  such  further  measures 
as  may  be  necessary  and  proper  for  the  restriction  snd  suppression  of  the 
disease;  proper  provision  shall  also  be  made  for  the  care  of  the  sick. 

No  quarantine  shall  be  established  where  the  disease  is  measles,  whoop- 
ing cough  or  chickenpox,  but  the  premises  shall  be  placarded  with  a  danger 
card,  and  in  cases  of  tuberculosis,  typhoid  fever,  ophthalmia  neonatorum,  or 
puerperal  fever  the  premises  shall  be  neither  quarantined  nor  placarded. 

The  board  shall  notify  the  schools  to  receive  no  pupil  from  such  placarded 
houses  without  a  written  permit  from  them,  and  when  deemed  necessary  to 
obtain  control  and  prevent  further  spread  of  an  epidemic  of  contagious 
disease,  as  when  several  families  in  one  neighborhood  are  afflicted  and  many 
exposures  are  known  to  have  occurred,  they  shall  prohibit  all  public  assemblies 
such  as  lodges,  clubs,  churches,  and  schools,  both  public  and  private  for  a 
reasonable  length  of  time  or  until  such  danger  is  passed.  The  board  shall 
further  establish  a  hospital  for  the  segregation  and  care  of  contagious  dis- 
eases when  in  their  opinion  the  safety  of  the  public  demands  it;  or  in  cases  of 
great  emergency  the  board  shall  seize  and  use  as  such  temporary  hospital, 
any  isolated  building  suitable  for  such  occupancy,  and  adjust,  or  cause  to 
be  adjusted,  reasonable  damages  with  the  owner  thereof  later;  and  it  shall  ba 


THE  NEBRASKA  SCHOOL  LAWS  141 

COMPILED  BY  KLOPP  8t  BARTLETT  CO.,  OMAHA. 

the  further  duty  of  the  local  board  of  health  to  disinfect,  or  cause  to  be  disin 
fected,  the  premises  whereon  all  such  contagious  diseases  have  occurred 
together  with  all  infected  furniture,  bedding,  clothing  and  other  articles 
according  to  the  rules  of  the  state  board  of  health  of  the  state  of  Nebraska, 
governing  such  disinfection. 

It  shall  also  be  the  duty  of  the  local  board  of  health  to  investigate  the 
causes,  conditions  and  surroundings  that  may  have  caused  such  disease  and 
during  the  prevalence  of  any  such  disease  they  shall  make  adequate  report  to 
the  state  board  of  health  from  time  to  time  as  to  conditions,  number  of  cases, 
and  nature  of  such  disease  or  diseases,  and  they  shall  call  at  any  time  for  advice 
and  assistance  from  the  state  board  of  health. 

During  the  existence  of  any  quarantinable  disease,  in  any  family  or 
household,  or  place,  in  any  city,  town,  or  township,  and  until  after  the  re- 
covery of  the  sick  and  the  disinfection  of  the  premises  where  such  disease 
shall  have  existed,  no  person  residing  in  such  household,  family  or  place,  shall 
be  permitted  to  enter  or  leave  the  premises  without  a  permit  in  writing  from 
the  local  board  of  health  showing  a  thorough  disinfection  of  the  person,  cloth- 
ing and  premises. 

School  teachers  who  are  boarding  in  a  family  in  which  such  disease 
exists,  must  at  once  change  their  place  of  board  and  lodging  and  disinfect 
their  person  and  clothing.  Where  the  disease  is  chickenpox,  measles  or 
whooping  cough  the  children  shall  be  excluded  from  the  public  schools  and 
other  gatherings  until  recovery  has  taken  place  and  the  premises  disinfected. 

If  any  person  shall  wilfully  or  maliciously  remove  or  peface  or  cause  to 
be  removed  or  defaced  any  danger  card  upon  any  quarantined  premises,  or 
shall  in  any  manner  interfere  with  or  break  an  established  quarantine  by  en- 
tering or  leaving  such  quarantined  premises,  or  remove  any  article,  clothing,  or 
any  other  material,  liable  to  be  infected,  without  a  permit  from  the  local 
board  of  health,  and  proper  disinfection,  shall  be  subject  to  prosecution  and 
fine  as  provided  by  the  statutes  of  the  state  of  Nebraska  in  such  cases  made 
and  provided. 

Disinfection  of  schools. — The  state  board  of  health  makes  it  a  rule  and 
regulation  that  all  school  directors,  trustees,  principals  and  presidents  of 
schools  and  colleges  outside  of  cities  in  this  state,  for  the  protection  of  the 
health  of  all  pupils  and  students,  and  of  the  entire  community  as  well,  pay 
prompt  and  regular  attention  to  the  disinfection  of  buildings  used  for  educa- 
tional purposes  immediately  after  the  discovery  of  any  communicable  disease 
within  said  building. 

Each  room  should  be  disinfected  separately.  The  room  should  be  pre- 
pared by  closing  up  all  openings,  such  as  windows,  ventilators,  registers, 
stove  pipe  holes  and  chimney  places  and  hermetically  sealing  all  cracks  and 
crevices,  as  those  around  windows  and  doors  and  all  keyholes.  In  short  the 
room  should  be  made  as  air  tight  as  possible.  All  desks,  drawers  and  closets 
should  be  opened  wide  and  all  articles  exposed.  Books  must  be  stood  up  on 
end  and  widely  opened.  Rugs,  mats  and  articles  of  clothing,  if  any,  must  be 
hund  up  on  cords. 

The  disinfecting  may  be  accomplished  by  spraying  with  Liquor  Formal- 
dehyde, U.  S.  P.  or  Formalin. 

Formaldehyde  gas,  however,  is  probably  the  best  known  aerial  disin- 


142  THE  NEBRASKA  SCHOOL  LAWS 

COMPILED  BY  KLOPP  ft  BARTLETT  CO..  OMAHA. 

fectant,  and  one  of  the  most  effective  and  economical  methods  of  generating 
it  is  as  follows: 

Ten  ounces,  by  weight,  of  commercial  potassium  permanganate  is  re- 
quired for  each  pint  and  a  half  of  the  solution,  full  strength.  This  is  sufficient 
to  disinfect  1,000  cubic  feet  of  air  space.  In  using  formaldehyde  gas  for  room 
disinfection  it  should  be  remembered  that  the  room  should  always  be  both 
warm  and  moist.  The  latter  may  be  accomplished  by  sprinkling  the  floors 
well  or  by  suspending  wet  sheets  about  the  room. 

The  following  is  the  method: 

The  crystals  of  permanganate  of  potassium  are  to  be  placed  in  a  tin, 
agate  or  iron  pail,  the  capacity  of  which  is  more  than  eight  times  the  quantity 
of  disinfectant  to  be  used.  This  is  necessary  in  order  to  prevent  overflow 
from  effervescence. 

Place  the  pail  containing  the  crystals  at  the  center  of  the  room  in  a 
large  pan  with  two  blocks  or  bricks  placed  under  the  pail,  as  considerable 
heat  will  be  developed.  The-  room  having  been  properly  sealed  with  strips 
of  rubber  adhesive  plaster  or  of  gummed  paper,  quickly  pour  the  solution  of 
formaldehyde  out  of  a  wide  mouthed  vessel  upon  the  crystals  and  leave  the 
room  with  all  possible  speed.  Then  carefully  seal  up  the  door  of  exit  on  the 
outside;  including  the  keyholes  and  crevises  about  the  lock  and  door  knob, 
and  allow  the  room  to  remain  closed  at  least  six  hours.  Then  open  all  doors 
and  windows,  to  admit  both  fresh  air  and  sunlight,  and  allow  free  ventilation 
to  continue  for  six  hours. 

At  the  same  time  privy  vaults  should  be  disinfected  by  throwing  into 
them  milk  of  lime  made  by  adding  one  part  of  freshly  slaked  lime  to  four 
times  its  volume  of  water.  This  should  be  used  as  soon  as  made.  For  each 
pupil  in  attendance  a  half  gallon  of  this  mixture  should  be  allowed.  This 
preparation  should  not,  however,  be  introduced  into  water  closets,  as  it  may 
obstruct  the  pipes.  For  this  purpose  a  5  per  cent  solution  of  carbolic  acid  or  a  3 
per  cent  solution  of  liquor  formaldehyde  U.S.P.  or  formalin  may  be  used.  Care- 
ful attention  should  be  given  to  the  scrubbing  and  disinfection  of  coat  closets. 

Clothes  closets,  desks,  etc.,  except  those  made  of  metal,  should  be 
washed  with  a  cloth  wrung  out  of  a  posionous  solution  made  by  one-quarter 
of  an  ounce  (120  grains)  of  corrosive  sublimate  bichloride  of  mercury  in  one 
gallon  of  hot  water  (1-500— |—). 

Metal  fixtures  may  be  treated  in  a  similar  manner,  using  a  solution  made 
by  adding  four  (4)  ounces  of  pure  carbolic  acid  to  a  gallon  of  hot  water  (1-30—  |— ) 

The  balustrade  of  stairways  and  all  knobs  of  doors  should  be  wiped  off 
daily  with  a  cloth  moistened  with  the  formaldehyde  or  carbolic  solution. 

In  case  of  smallpox,  vaccination  and  re-vaccination  of  the  entire  school 
should  be  performed  at  once.  Only  vaccine  virus  known  to  be  active  should 
be  used  in  such  an  emergency. 

During  the  disinfection  of  school  buildings  the  books  should  be  strung  on 
cords  or  stood  on  end  with  the  leaves  widely  separated  in  a  cloak  room  or  closet 
where  they  will  be  subject  to  the  vapor  of  concentrated  formaldehyde  gas. 

During  the  prevalence  of  communicable  diseases  pupils  should  not  be 
permitted  to  take  school  books  to  their  homes. 

Books  known  to  have  been  taken  to  infected  houses  should  be  destroyed 
by  burning. 


INDEX 


Accounts —  Page 

City  districts,  audited  by  secretary 107 

County  superintendent,  file  sworn  statement 84 

Director,  audited  by  moderator  and  treasurer 47 

Agriculture  and  domestic  science  in  high  schools 71-73 

Aid  to  Weak  Districts 39 

Annual  Meetings 31 

Appeal — 

From  appraisal  of  schoolhouse  site 90 

Appointments — 

County  superintendent  by  county  board 87 

District  officers,  by  county  superintendent 41 

To  fill  vacancies 42,  55 

Apportionment  of  state  school  funds — 

Basis  of 98 

Constitutional  provisions  for 17 

County  superintendent,  apportionment  by 100 

County  superintendent,  record  of 99 

District  treasurer,  certificate  of 98 

Forfeiture 18 

Fractional  districts,  amount  received  by 99 

Length  of  term  required  in  order  to  share .  . 37 

New  districts,  when  share 99 

State  auditor,  warrant  drawn  by 98 

State  superintendent,  certificate  of 100 

State  treasurer,  exhibit  of  school  funds 97 

Appraisal — 

Site  for  schoolhouse  condemned 89 

Arbitration — 

Division  of  district  property 29 

Attendance — 

At  nearer  school 100,  101 

Compulsory 94 

Auditor  Public  Accounts — 

Draw  warrant  for  the  state  apportionment '.  . .  100 

May  examine  records  of  state  superintendent 88 

Register  district  bonds 126 

Certificate  of  registration 126 

Detach  coupons  from  bonds 123 

Require  statement  of  funds  from  county  treasurer 99 

Bible  Reading  in  Public  Schools 18 

Blanks — 

County  superintendent  to  receive  and  distribute 86 

State  superintendent  to  prescribe  and  publish 88 

Board,  District — see  also  officers,  district 

Appoint  to  fill  vacancies 42,  55 

Care  of  school  house  and  property 51,  54 

Classification  of  apholars 51 

Constituted,  how 50 

Contract  with  teachers 46,  47 

—143— 


144  INDEX 

Board,  District — Continued. 

Course  of  study 51,  57,  62,  69,  70 

Director,  clerk 45 

Grade  scholars 51,  57 

High  school  district,  trustees 57 

Issue  district  bonds 124 

Statement  of  proceedings 125 

Meetings,  how  called,  notice 50 

Non-resident  pupils  admitted  by 52 

Oath  filed  with  county  superintendent 39 

Purchase,  lease  or  sale  of  district  property 53 

Quorum 50 

Report  school  census 49 

Report  taxes  voted 35,  50 

Rules  and  regulations 51 

Suspend  or  expel  pupils 52 

Tuition  determined  by 52 

Vacancies,  how  filled 55 

Board  of  Education — 

City  school  districts 104 

State  normal  schools Ill 

Board  of  educational  lands  and  funds 17 

Board  of  health,  rules  of 140-142 

Bonds,  district — 

Amount 125 

City  districts — 

Board  must  provide  for  the  interest 110 

Election 105 

Purchase  and  redemption  of  bonds 110 

Sinking  fund 110 

Compromise  indebtedness — 

Negotiations 123 

Petition 124 

Record .124 

County  treasurer  liable  for  taxes  collected 127 

Coupons  detached  by  auditor 123 

High  school  redemption  bonds — 

Condition,  description,  issuance,  payment 128,  129 

History  of  proceedings .-. 126 

New  bonds,  description 128 

Petition  for  submission 125 

Purpose  of  issue   124 

Rate  of  interest 125 

Record  of  proceedings 124 

Refunding  bonds 128 

Registration ...... 126 

Certificate  of  registry 126 

Non-registry 126 

School  district  defined 126 

Taxation  for  payment 126 

County  treasurer  liable  for  receipts 

Excess,  how  used 127 

Bonds,  official — 

District  treasurer 43 

Secretary  of  board,  city  district 106 

Treasurer  of  city  district 106 

Bonds,  publishers' 

Books,  text — 

Contract  with  publishers  for 91 

Form  of 92 

Violation  of,  penalty 93 


INDEX  145 

Books,  Text — Continued. 

Ownership  and  use 93 

Library 55 

Loaned  to  pupils 93 

Local  dealer  may  handle 93 

Payment  for 92 

Price  lists .  .  •  :  •  • : • 92 

Property  of  district 93 

Pupils  may  borrow  or  purchase 93 

Trusts,  school  book 92 

Boundaries — See  districts. 

Building  Fund — 

Expended  under  direction  of  district 35 

Special  tax  for,  voted  at  annual  meeting 35 

Maximum  amount .  . " 36 

Petition  of  one-fourth  legal  voters 35 

Proceedings 36 

Business  Calendar 11 

Calendar,  business . . .   11 

Census,  district — 

City  districts 49,   107 

Failure  to  take,  liability 49 

Oath  of  person  taking 47 

Taken  by^whom,  when 47,   107 

Certificate,  teachers' — see  teacher — 

Challenge  and  oath ' 33 

Charities  and  corrections 93 

Child  labor 138 

Cigarettes 139 

Cities,  schools  in 103-110 

Classification  of  scholars 51,  57 

Colleges,  Universities — 

Authorized  to  grant  teachers'  certificates 81 

Commissioner  of  public  lands  and  buildings — 

Give  deed  for  site  on  school  land 91 

Commissioners,  county — see  county  board — 

Common  schools — 

Instruction  free 18 

Compulsory  education 94 

Condemnation  of  site  for  schoolhouse 89 

Consolidation  of  school  districts 22-26 

Constitution  of  state  on  education 17,  18 

Contagious  diseases 140 

Contracts — 

Necessary  to  be  in  writing 46,  47 

Officers  cannot  have  pecuniary  interest  in 55 

Officer  as  teacher 42 

Officer  with  district  prohibited 55,  108 

Publisher,  text-book 92 

Teachers' . .46,  47 

Conveyance,  district  property 38 

Corporal  punishment 53 

Costs,  appraisal  of  site 90 


146  INDEX 

County  boards — 

Appoint  county  superintendent,  when 87 

Appropriation  for  institute  fund 83 

Assess  taxes  on  division  of  district  property 27 

Levy  of  taxes  voted  at  annual  meeting 35 

Salary  of  county  superintendent,  determined  by 85 

County  Clerk — 

Change  in  district  boundaries 22 

Levy  taxes 50 

Notice  of  election  of  county  superintendent 85 

Transfer  taxes 101 

County  high  schools 65 

County  Superintendent — 

Accounts,  statement  of 84 

Appoint  appraisers  of  site 89 

Appoint  district  officers 41,  55 

Appointment  to  fill  vacancy 87 

Apportionment  of  state  school  funds — 

Certificate  of 99 

Record  of 100 

Bond 30 

Certify  districts  entitled  to  state  aid 39 

Change  district  boundaries  on  petition 22,  23 

Compensation  awarded  by  county  court 30 

Conduct  institute 83 

Districts  created  and  boundaries  changed 21-25 

Action  discretionary 22 

Action  obligatory 22 

Notice  to  taxable  inhabitant 26 

Petitions  filed 23 

Property,  divisions 26 

Record 26 

Report 28 

Duty  to  attend  institute 83 

Election 84 

Examination  of  teachers 77 

Furnish  records  and  supplies 86 

Lectures . .  86 

Mandamus,  application  for 42 

Notices — 

Arbitration,  division  district  property 26,  28 

To  director  when  report  is  due 87 

Transfer  of  pupils  to  adjoining  district 100-102 

Oaths  administered  by 87 

Petitions  filed 36 

Prepare  examination  questions 77 

Reports — 

Change  in  district  boundaries 28 

Dismembered  districts 29 

To  county  treasurer  on  high  school  tax 63 

To  state  superintendent 87 

To  superintendent  blind  and  deaf  institute 87 

Salary  determined  by  county  board 85 

Site  of  schoolhouse  determined  by 34 

Statement  of  account 84,  87 

Term  of  office 84 

Transfer  of  pupils  to  adjoining  district 100,  102 

Vacancy  in  office,  how  filled 87 

Visit  schools . .  .86 


INDEX  147 

County  treasurer — 

Adjust  tax  list 28 

Change  in  district  boundaries 27 

Collect  and  pay  over  district  taxes 50 

No  fee  allowed  on  state  apportionment 99 

Course  of  study — 

High  school  district 52 

Primary  district 51 

Deeds — 

District  property — 

Moderator  sign  and  acknowledge 38 

Record 38 

Site  on  school  land 89 

Deputy  state  superintendent,  duties  and  salary 89 

Diplomas — 

Normal 82 

Nebraska  state  normal  schools Ill 

Directors — see  officers,  district — 
Disinfection — see  quarantine — 
Districts — 

Annual  meeting 31 

Body  corporate 21 

Change  in  boundaries '. 22 

County  rural  school  districts 113-122 

Debts 30 

Defined 21 

Dismembered 29 

Extent  of 23 

Formation  and  division — boundaries — 

Arbitration 29 

Attachment  to  adjoining  district 23 

Changes  on  account  of  streams 23 

Consolidation  of  districts 24 

County  divided  into  districts 21 

Discontinuance  of  district 23 

Discretion  of  county  superintendent 22 

New  district,  when  formed 23 

Notices 26 

Two  districts  made  from  one 23 

Unsatisfactory  division 29 

High  school  organization 58 

Indebtedness,  compromise  bonds 123 

Joint  districts 29 

State  apportionment  to 98 

Organization 21,  41,  56 

Property  division 26 

Represented  in  litigation  by  treasurer 45 

Unbonded  indebtedness 28 

District  board — see  board,  district- 
District  officers — see  officers,  district — 
Elections — 

County  superintendent • 84 

Notice  of  by  county  clerk 85 

District  officers 40,  56 

To  vote  district  bonds 125 

Embezzlement  of  district  funds 99 

Examination  of  teachers — see  teachers — 

Expenditures,  estimates  of .48,  57 

European  Languages 100 


148  INDEX 

Fees — 

Examinations,  teachers' : 78 

Matriculation,  state  normal  school 113 

Registration,  certificate,  diploma Ill 

Fines 18,  99 

Fire  Day 74 

Free  high  school  tuition — 

High  school  denned 62 

Money,  how  paid 63 

Neglect  of  annual  meeting  to  vote  tax — 

Action  of  district  board 64 

Neglect  or  refusal  of  district  board  to  deliver  estimate — 

Action  of  county  superintendent 65 

No  levy  when 65 

Rate  of,  exemption 53 

Requirements  for  securing — 

Application  of  parent 63 

Board  report  to  county  superintendent  and  clerk 64 

Estimate  of  county  superintendent , 65 

Tax,  levy,  provision  for 65 

Rules  for  admission 62 

Free  text  books — see  books — 

Funds,  investment  of  public 132,  133 

Funds,  district — 

Appropriation 54 

Building . 54 

Disbursements 42;  48 

Free  high  school,  how  paid .  . 63 

Library 55 

Misuse  of,  embezzlement 99 

Payment  to  unqualified  teacher  prohibited 46,  54 

School  funds 97 

Teachers'  funds 28 

Teachers'— 

Division  of  on  creation  of  district 28 

Transfer  money 36 

Turned  over  by  treasurer  to  successor 44 

Funds,  institute 84 

Funds,  normal  school 84 

Governor  many  examine  records  of  state  superintendent 88 

High  schools — 

Agriculture  and  domestic  science  in 71-73 

High  School,  county : .....  .65-69 

Where  compulsory 66 

Bonds  for 68 

High  school  districts .  . 56,  67 

High  school  education,  free 62,  68 

High  school  normal  training — see  normal  training — 

High  school  redemption  bonds 128 

High  school,  rural * 58-61 

High  school,  rushing  and  violation ;  . .  .  .103 

Holidays,  legal  in  Nebraska .  .47,  137 

Indebtedness,  district — 

Bonded,  remains  a  charge  on  original  district 27 

Compromise  bonds 123 

Unbonded,  considered  in  division  of  property ...,,... ; ,   28 


INDEX  149 

Institutes,  teachers' — 

County 83 

Failure  to  attend,  penalty 84 

Funds — 

Disbursements 84 

Fees,  examination 84 

Statement  of  county  superintendent 84 

School  closed  during 84 

Time  of  holding 83 

Instruction  in  neighboring  districts 102 

Instruction  free  in  common  schools 18 

Interest — 

District  bonds 124,  134 

District  orders  or  warrants 134 

Joint  districts — 

Apportionment  to 98 

Formation  of 29 

Reports 30 

Junior  normal  schools 113 

Libraries,  school 55 

Library  commission 93 

Licenses 18 

Life  certificates 75 

Mandamus 42 

Matriculation  fees,  state  normal  schools 113 

Meetings,  district — 

Annual  meeting,  time,  place 31 

Determine  amount  of  expenditures 35 

Determine  length  of  school  term 37 

Director,  clerk  of 45 

Election  of  officers 40 

Minutes  read,  corrected  and  approved 49 

Site  for  schoolhouse  designated,  changed 34 

Taxes  voted — 

Building  fund 35 

Maximum 35 

Disturbance,  arrest 43 

High  school  districts 56 

Lease  of  house  or  site,  authorize r  . .  34 

Moderator  presides 42 

Notice  of 32 

President  pro  tern 43 

Purchase  house  or  site,  authorize 34 

Sale  of  district  property,  authorize 38 

Special  meetings — 

Call  of 31 

Notice,  contents 32 

Transfer  of  funds ... 36 

Voters — 

Challenge 33 

Oath 33 

Penalty  for  perjury 33 

Qualifications 32,  33 

Rejection  of  vote 33 

Moderator — see  officers — 


150  INDEX 

Money 54 

Division  of 28 

Teachers'  fund 28 

Month,  school 81 

Narcotics  and  stimulants 83 

Non-resident  pupils 52,  63 

Normal  institutes 88 

Normal  schools,  state 110-113 

Normal  training  in  high  schools 69 

Amount  of  state  aid 70 

Inspection,  expenses  of 70 

Payment,  how  made 70 

Secretary  of  board,  report  of 71 

State  superintendent,  certificate  of 71 

Warrant  drawn  by  auditor 71 

Warrant,  remitted  by  treasurer 71 

Purpose 69 

Requirements  governing  approval 69 

Schools,  designated  by  state  superintendent 69 

Notices — 

Director,  of  district  meetings 49 

County  superintendent  to  director 101 

County  superintendent  to  county  clerk 101 

County  superintendent  to  districts 28 

County  superintendent  to  taxable  inhabitant 26 

Parent  to  county  superintendent 63,  101 

Oath,  official- 
Board  members  in  city  districts 105 

Director,  oath  not  required 41 

Oaths— 

As  to  the  destruction  of  schoolhouse  or  epidemic 38 

County  superintendent  may  administer . 87 

Moderator  may  administer 43 

Parent  or  guardian  to  census  enumerator 96 

Person  taking  census 49 

Report  of  director 49 

State  aid  to  school  districts,  county  superintendent 38 

Voter  at  district  meeting 33 

Officers,  district- 
Acceptance  of  office 42 

Appointment  by  board 55 

Appointment  by  county  superintendent 41,  55 

Contract  with  district  prohibited 55 

De  facto  acts  binding 46 

Director — 

Acceptance  of  office 41 

Account  of  expenses,  audited 49 

Appear  for  district,  when 45 

Approval  of  teachers'  reports 80 

Cannot  delegate  authority 46 

Census  taken  by 47,  48 

Clerk  of  board 45 

Contract  with  teacher 46 

Demand,  with  moderator,  for  new  treasurer  bond 45 

Draw  orders  and  warrants 49 

Estimate  of  expenditures 48 

Make  complaint,  non-attendance  of  pupils 95 

Notice  of  district  meetings 49 

Notice  of  school . .                                                               46 


INDEX  151 

Officers,  district — Director — Continued. 

Preserve  books  and  papers 45 

Record  proceedings 26,  45 

Repairs 48 

Report  to  county  superintendent 49 

Statement  of  assessed  valuation 50 

Statement  of  orders  drawn 44 

Election  at  annual  meeting 40,  56 

Election  at  special  meeting 55 

Moderator — 

Acceptance  of  office 41 

Administer  oath  to  director  and  treasurer : . .  .  .   43 

Approve  bond  of  treasurer 43 

Contract  with  teacher 46 

Demand,  with  director,  new  treasurer  bond   45 

Orders,  countersign 44,  49 

Refusal,  mandamus 42 

Preside  at  district  meetings 42 

Record  of  orders  and  warrants '. 49 

Remove  or  arrest  disorderly  person 43 

Payment  for  services 48 

Teacher,  be  employed  when    49 

Term  of  office 40,  55 

Treasurer — 

Acceptance  of  office 41 

Appear  for  district  in  suits 45 

Bond- 
Approved  by  director  and  moderator      43 

City  districts 109 

Failure  of  sureties 45 

File  with  director 43 

Liability  of  principal,  sureties 45 

New  bond 45 

Contract  with  teacher 46 

Election  to  fill  vacancy 42 

Hold  over,  when 43 

Misuse  of  funds,  embezzlement 99 

Payment  of  orders 44 

Receipt  of  moneys  from  county  treasurer 44 

Record  of  receipts  and  expenditures 44 

Register  unpaid  warrants 130 

Failure  to  register,  penalty 132 

Report  to  annual  meeting 44 

Turn  over  to  successor  records  and  funds 45 

Warrants,  notify  holders  of 130 

Failure  to  notify,  penalty 132 

Vacancies,  how  filled . .  '. 45,  55 

Orders,  district — 

Countersigned  by  moderator 43,  44,  49 

Drawn  by  director ' 43,  44,  49 

Endorsement Ill 

Interest  payable,  when 134 

Record  kept  by  moderator 49 

Registration 130 

Statement  of 49 

Outhouses 55 

Pauper  children,  education  of 137 

Penalties- 
District  treasurer,  for  misuse  of  school  funds 99 

District  treasurer,  failure  to  register  or  pay  warrants 132 

False  statement  to  census  enumerator 96 

Illegal  voting 32 

Sell  or  give  away  cigarettes  or  cigarette  paper 139 


152  INDEX 

Petitions — 

To  vote  tax  for  special  building  fund 35 

To  create  district  or  change  boundaries 22,  23 

To  allow  officer  to  act  as  teacher 42 

To  issue  compromise  bonds 123 

Physiology  and  hygiene — 

Provisions  for  teaching . 83 

Teachers  pass  examination  in 83 

Price  lists,  text-books 92 

Professional  certificates — see  teacher — 

Property,  district — 

Care  and  custody  of 54 

Division  of  on  formation  of  district 26 

Distribution  of  income 18 

Granted  for  educational  purposes 17 

Lease  of — purchase  of 53 

Sale  of r. 27,  53 

Taxable,  statement  of 51 

Public  library  commission 93 

Pupils — 

Age 18,  47,  52 

Attendance  at  nearer  school .  .  . 100,  101 

Census 45,  96 

Compulsory  attendance  of 94 

Control  of — Expulsion  or  suspension 52 

Grading 51,  57 

Instruction  in  neighboring  district 102 

Non-resident  tuition 52 

Normal  schools,  admission  to 110 

Purchase  books  of  board 93 

Transportation 102 

Quarantine s 140 

Quorum — 

Board  of  education,  city  districts 104 

District  board 50 

Records — 

Director 26,  45 

Moderator 49 

Secretary  in  city  districts 106 

Reform  school 19 

Refunding  bonds — see  bonds — 

Repairs 48 

Reports — 

County  superintendent 28,  87 

Director 49 

Joint  districts 29 

State  superintendent . 88 

Teacher : 80 

Rules  and  regulations — 

City  districts 106 

District  board 51 

High  school  board 59 

Normal  schools Ill 

Rural  high  schools 58-61 

Scholars — see  pupils — 

School  district — see  districts — 

School  funds 17, 18,  97-100 

Schoolhouse — 

Care  and  custody  of 54 

Lease,  purchase,  sale 27,  34,  53 

Use  for  other  than  school  purposes 54 


INDEX  153 

Schoolhouse — Continued. 
Site- 
Condemnation,  appraisal  damages 89 

Designated  and  changed 34 

School  lands,  deed  by  land  commissioner 91 

Title  to 54 

Vote  tax  to  create  special  fund 35 

School  laws,  printing  and  distribution 88 

School  month 81 

School  year,  beginning  of 31 

Scientific  temperance  instruction 83 

Secret  fraternities 103 

Sectarian  instruction  prohibited .m 18 

Site — see  schoolhouse — site 

Special  meetings 31 

State  aid  to  weak  school  districts — 

Appropriation  for .^ 39 

Amount  due  districts,  how  determined . 39 

Certificate  of  county  superintendent 39 

Certificate  of  state  superintendent 39 

Requirements  necessary  to  secure — 

Accounts  audited  and  approved 38 

District  must  levy  maximum  school  tax 38 

Limitations  as  to  area  of  districts 39 

Warrant  drawn  by  auditor 39 

State  board  of  charities  and  corrections 93 

State  normal  schools 110-113 

State  superintendent — 

Apportionment  of  school  funds " 88 

Decide  disputed  points  in  school  law 88 

Deputy,  duties,  salary 89 

Examination,  teachers' 83 

Member  normal  school  board Ill 

Normal  diplomas  endorsement 80 

Office  open  to  inspection 87 

Price  list  of  books,  print  and  distribute 92 

Report  to  governor 88 

Rules  and  instructions 87 

School  laws,  print  and  distribute 88 

Visit  schools 88 

State  treasurer — 

Exhibit  of  school  funds • 97 

Member  of  board  educational  lands  and  funds 17 

Member  of  normal  school  board Ill 

Suits  at  law — 

District  meeting  direct 38 

Treasurer  appear  for  district 45 

Supplies — Paid  out  of  county  general  funds 48 

Taxes — 

Bonds,  district  payment  of 127 

City  districts , 109 

District 30 

Estimate  of - 48,  57 

Free  high  school 63 

Levy 35,  36,  64 

Lists,  adjusted  by  county  treasurer 28 

Maximum  levy  for  school  purposes 35 

Paid  to  district  treasurer  on  order 51 

Transfer  by  county  clerk 101 

Voted  at  annual  meeting — 

Building  fund 35 

Free  high  school  tuition 62 

Maximum  levy 35 


154  INDEX 

Teachers — 

Certificates 74-79 

City  districts 75,  108 

College  and  normal  graduates 82 

County — 

Branches  required 67 

Emergency 77 

Examinations,  how  conducted 77 

Fees 78 

How  issued 77 

Renewal,  revocation 78 

Where  valid 79 

Necessary  to  contracjb 46,  108 

Normal  school Ill 

Revocation 78 

Professional  state — 

Branches  required 75 

Lapse 75 

Without  examination 75 

Training  rural  teachers 112 

University  graduate 76 

Qualifications 46,  80 

Unqualified  not  paid  district  money 46,  54 

Report  to  director  monthly,  approval 80 

Term,  school — 

Length  determined  by  district  meeting 37 

Necessary  to  entitle  district  to  apportionment 37 

Text-books — see  books — 

Transfer  of  funds ' 36 

Transfer  of  pupils  for  school  privileges 101 

Transportation  of  pupils 102 

Trusts,  text-book 91 

Tuition — 

Free  high  school,  exemption 62 

Non-resident  pupils 52 

Pauper  children 137 

University : .   18 

Vacancies  in  office — 

Board,  district 42 

Board  of  education,  city  districts 105,  107 

Board  of  education  state  normal  schools 107 

County  superintendent 87 

Valuation  of  taxable  property,  statement 50 

Voters- 
Challenge,  oath 33 

Penalty 2 

Penalty  for  perjury 2 

Qualifications s 32 

Rejection  of  vote 33 

Warrants * 130-132 

Duplicate  for  lost 132 

On  county  treasurer — 

Countersigned  by  moderator .43,  49 

Drawn  by  director -. 44,  49 

Record  by  moderator 49 

On  district  treasurer — 

Countersigned  by  moderator 43,  49 

Drawn  by  director 43,  49 

Endorsement 130 

Interest 134 

Payment 130 


YC  06574 


381699 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


